Powell v. Central Plank Road Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Coosa. Heard before the Hon. James B. Clark. This bill was filed by the appellant, James R. Powell, against the Central Plank Road Company.
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Appeal from the Chancery Court of Coosa. Heard before the Hon. James B. Clark. This bill was filed by the appellant, James R. Powell, against the Central Plank Road Company. It alleges, that complainant was a mail-contractor with the United States for the transportation of the mail on the route from Montgomery to Guntersville ; that as such contractor he made a contract with the said company, acting through its pgent, for the transportation of the mail over its road, at a stipulated price, from June, 1852, until July, 1854 ; that said defendant, in violation of its said contract, has…
1Opinion of the CourtLigon, J.
The counsel for the appellant insists, that the execution of the appeal bond in this case, per se, restores the injunction which had been dissolved by the chancellor ; and to sustain his position, he relies upon section 3020 of the Code, which is in these words: “ When the decree rendered is for the performance of any other act than the payment of money, (except in cases otherwise provided in this code,) the party wishing to supersede the execution of such decree must apply to the chancellor or register, cither in term time or vacation, who must direct the amount and condition of the appeal…
2Cases cited1 opinion
- Griffin v. Branch BankSupreme Court of Alabama · 1846
3Cited by5 opinions
- Burnett v. CraigSupreme Court of Alabama · 1857
- Munter & Faber v. LinnSupreme Court of Alabama · 1878
- Southern Iron & Equipment Co. v. VaughanSupreme Court of Alabama · 1918
- Lewman & Co. v. Ogden Bros.Supreme Court of Alabama · 1904
- Dilburn v. Youngblood & Co.Supreme Court of Alabama · 1888