Alabama & Florida Railroad v. Kenney
Supreme Court of Alabama
Appeal from the Chancery Court of Butler. Heard before the Hon. N. W. Cocke. The bill (or petition) in this case was filed, on the 12th. September, 1868, by the Alabama & Florida Railroad Company of Florida, (a corporation chartered by an act of the legislature of Florida,) and was addressed to the Hon. Jno. K. Henry, the judge of the eleventh judicial circuit.
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Appeal from the Chancery Court of Butler. Heard before the Hon. N. W. Cocke. The bill (or petition) in this case was filed, on the 12th. September, 1868, by the Alabama & Florida Railroad Company of Florida, (a corporation chartered by an act of the legislature of Florida,) and was addressed to the Hon. Jno. K. Henry, the judge of the eleventh judicial circuit. It alleged, that said railroad company had received, under the laws of Florida, a large grant of public lands,' to aid in the construction of its road, “ and, on account thereof, the said railroad is pledged to the State of Florida to…
1Opinion of the CourtA. J. Walker, C. J.
Tbe pleading of tbe complainant in this case is in tbe form of a petition, addressed to a circuit judge, praying alone for an injunction, and neither making any persons parties, nor seeking process as to any parties. There are, besides, greater or less defects in tbe form of tbe allegations. It is insisted, that all these imperfections were amendable, and, upon tbe principle in tbe second head-note to tbe case of Nelson & Hatch v. Dunn, (15 Ala. 501,) should be regarded as amended when a motion to dissolve an injunction is made in vacation.- This *309proposition is probably correct; and without…
2Cases cited9 opinions
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- The West River Bridge Company v. DIXSupreme Court of the United States · 1848
- Nelson & Hatch v. DunnSupreme Court of Alabama · 1849
- Richmond, Fredericksburg & Potomac Railroad v. Louisa RailroadSupreme Court of the United States · 1852
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- Jones v. New Orleans & Selma RailroadSupreme Court of Alabama · 1881
- East & West Railroad Co. of Alabama v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Alabama · 1883
- Chambers v. Alabama Iron Co.Supreme Court of Alabama · 1880
- Western Union Telegraph Co. v. S. & N. Ala. R. R.Supreme Court of Alabama · 1913
- Mobile School Comm'rs v. PutnamSupreme Court of Alabama · 1870
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