Empire Guano Co. v. Jefferson Fertilizer Co.
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. Alfred H. Benners. Bill by the Empire Guano Company against the Jefferson Fertilizer Company. From a decree dissolving the injunction, complainant appeals.
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Appeal from Jefferson Chancery Court. Heard before Hon. Alfred H. Benners. Bill by the Empire Guano Company against the Jefferson Fertilizer Company. From a decree dissolving the injunction, complainant appeals. The bill was filed for an interlocutory injunction enjoining and restraining the defendant, its servants, agents, officers, and employes, from sacking, packing, labeling, shipping, or delivering, selling, or offering to sell to the trade, any brands of fertilizer whereon there shall appear the word “Empire” prominently displayed in such a way as to imitate the brands of fertilizer…
1Opinion of the CourtAnderson, J.
Whether the oath is waived by bill or not, the answer must be sworn to before an injunction will he dissolved upon the denials of same. — Buie 32, Chancery Practice (Code 1896, p. 1209) ; Mobile & Montgomery R. R. v. Alabama Midland R. R. Co., 123 Ala. 145, 26 South. 324. The affidavit to the answer in the case at bar is subject to some of the same infirmities pointed out by the court to the affidavits in the cases of M. & M. R. R. Co. v. Ala. Midland Co., supra, and Neihaus v. Cooke, 134 Ala. 223, 32 South. 728. Nor is it aided by the averments of the answer, which fail to show that the…
2Cases cited6 opinions
- Jacoby v. Goetter, Weil & Co.Supreme Court of Alabama · 1883
- Hart v. ClarkSupreme Court of Alabama · 1875
- Griffin v. State BankSupreme Court of Alabama · 1850
- Mobile & Montgomery Railway Co. v. Alabama Midland Railway Co.Supreme Court of Alabama · 1898
- Niehaus & Co. v. CookeSupreme Court of Alabama · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ellis v. DrakeSupreme Court of Alabama · 1919