Gewinner v. McCrary

Simmons, C. J. In view of the conflicting evidence disclosed by the record, there was no abuse of discretion in granting the interlocutory injunction. Had it been otherwise, seemingly there would now be no occasion for reversing the judgment, since the death of the party enjoined, occurring after the writ of error was sued out, has taken the question of injunction out of the case. The remaining questions at issue can be adjudicated at the final trial. Judgment affirmed.