
    *Anderson and Thurmond v. Ellington and Others.
    Fall Vacation, 1807.
    Appeals — Dismission of Bill of Injunction- — Failure to Show Cause at Next Term. — An appeal ought not to be allowed from a dismission of a bill of injunction under the act of assembly, the injunction having been dissolved, and no cause shewn, against such dismission at the next term.
    Same — Same—What Complainant Must Do to Entitle Him to an Appeal. — in such case, if the complainant wishes to appeal, he should carry on his suit, in the usual course of the Court, to a final hearing, and it seems, that his intention to appeal, declared by his counsel, would be sufficient to prevent the dismission, and authorise his carrying on the suit. If he fails to do this at the time of the dismission, he may move at the next term, upon notice to the adverse party, to set it aside, when it may be done, if it appear reasonable.
    This was a dissolved injunction which had been dismissed last term under the act of assembly ; and now Mr. "Williams, counsel for the plaintiffs, applied to the Chancellor, at his chamber, for an appeal.
   By the Chancellor.

By the act of assembly(a) it is declared, that in all cases hereafter, where any injunction shall be wholly dissolved, the bill of the complainant shall stand dismissed of course, with costs, unless sufficient cause is shewn, against such dismission, at the next term, where the same shall be in the District Courts of Chancery. In this case no cause was shewn, and the bill was, of course, dismissed under the law; the clear and obvious intention of which was, to keep the docket of the Court clear of such cases, without taking up the time of the Court to examine them a second time, unless, at the next term, the plaintiff, being dissatisfied with the dissolution, could shew cause to the contrary : but, as no cause was shewn in this case, it was presumed the plaintiffs were satisfied, and meant to abandon the prosecution of their suit: the defendants had a right so to consider it: and now to allow the plaintiffs an appeal would be to allow them a possible advantage from their own neglect, to the injury, possibly, of the defendants, and against the obvious intention of the legislature. The case has not been examined since the injunction was dissolved : the plaintiffs may have taken new testimony ; and they may have filed it; and yet failed to shew cause against the dismission, with a view to an appeal, the granting *which, under such circumstances, would be to deprive the defendants of an equal chance to put themselves in a better condition for an appellate Court, whose decision may be given upon a new view of the case, not decided upon by the Court of Chancery. The Chancellor is not to be understood assaying, that such has been the conduct of the plaintiffs in this case ; but that to allow appeals in such cases, would be to adopt a rule, which might subject him to such impositions, and which he should carefully avoid. If then a party, whose injunction has been dissolved, means to appeal, let him carry on his suit, in the usual course of the Court, to a final hearing, when it will be the duty of the Court to examine the record again, which is never done in a dismission under the act.

Appeal denied : — but the plaintiffs may move, at the next term, upon notice to the adverse party, to set aside the dismission, when it may, or may not be done, as the case may be. 
      
      ) Sess. Acts of 1803, p. 82, Rev. Code, 2 vol. ch. 29, sect. 3, p. 29.
     