Griffith v. Clarke

Bartol, J., delivered the opinion of this court. In this case the motion to dissolve the injunction was set down for hearing on the 8th day of October 1858; afterwards, by agreement of the solicitors, a commission to take testimony was issued, which was returned, and on the 21st day of April 1860, the cause was, by agreement, set down for final décree. Whereupon the Circuit court, on the 1st day of December 1860, passed an order continuing the injunction, and reserving for further consideration the question, “whether the separate estate of the complainant can be made liable in equity, under these proceedings, for the satisfaction of the promissory note” held by the appellant, Griffith. From that order this appeal was taken, and the appellee has moved this court to dismiss this appeal, because no final decree has been passed settling the rights of the parties.

In the opinion of this court, the motion ought to be overruled and the appeal retained. By the Acts of 1835, ch. 346, and ch. 380, an appeal is allowed from an order refusing to dissolve an injunction. (See Code, Art. 5, sec. 21.) This right, granted in express terms, is not defeated because the case had been set down for final hearing, and other questions were reserved for further consideration by the Circuit court. We concur with the judge of the Circuit court in the propriety of refusing to dissolve the injunction.

The promissory note, signed by Mrs. Clarke, could not be enforced against