Nathan v. Tompkins
Supreme Court of Alabama
Appeal from tire Chancery Court of Colbert. Heard before the Hon. Thos. Cobbs. Tbe original bill in this case was filed on the 14th May, 1887, by J. H. Nathan, as a stockholder in the Sheffield and Tuscumbia Street Railway Company, a private corporation organized under the general statutes (Code, §§ 1917-28); against the said corporation, and against the Sheffield Street Railway Company, another corporation similarly organized, Henry B. Tompkins, and nine other persons,…
Read the full summary
Appeal from tire Chancery Court of Colbert. Heard before the Hon. Thos. Cobbs. Tbe original bill in this case was filed on the 14th May, 1887, by J. H. Nathan, as a stockholder in the Sheffield and Tuscumbia Street Railway Company, a private corporation organized under the general statutes (Code, §§ 1917-28); against the said corporation, and against the Sheffield Street Railway Company, another corporation similarly organized, Henry B. Tompkins, and nine other persons, stockholders, directors and officers, or assuming to act in that capacity; and sought, principally, to enjoin and prevent…
1Opinion of the Court
CLOPTON, J.-
— The appeal is taken from a decree of the chancellor made in vacation, on a motion to dissolve, on bill and answer, a temporary injunction, on the ground of want of equity in the bill, and on the denials of the answers. Though an injunction should not be continued, when it is apparent that the bill is wanting in equity, a motion to dissolve on this ground can not and does not perform the office of a demurrer. The inquiry on such motion is, do the facts alleged, if sufficiently pleaded, make a case calling for equitable interposition ? If so, all amendable defects will be…
2Cases cited7 opinions
- Hawes v. OaklandSupreme Court of the United States · 1882
- Dodge v. WoolseySupreme Court of the United States · 1856
- East & West Railroad Co. of Alabama v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Alabama · 1883
- Tuscaloosa Manufacturing Co. v. CoxSupreme Court of Alabama · 1880
- Farris v. HoustonSupreme Court of Alabama · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Montgomery Light Co. v. LaheySupreme Court of Alabama · 1898
- Memphis & Charleston Railroad v. WoodsSupreme Court of Alabama · 1889
- Moses v. TompkinsSupreme Court of Alabama · 1887
- Mack v. DeBardeleben Coal & Iron Co.Supreme Court of Alabama · 1890
- Red Bud Realty Co. v. SouthSupreme Court of Arkansas · 1922
19 more not listed; retrieve them via the Exa API.