Birmingham Railway & Electric Co. v. Birmingham Traction Co.
Supreme Court of Alabama
Appeal from the Chancery Court of J efferson. Heard before the Hon. John C. Carmichael. The bill in this cause is for an injunction to restrain the defendants from proceeding further in the probate court with a cause for condemnation, pending an appeal to the Supreme Court from the order of condemnation. Injunction was granted, but was dissolved on the coming in of the answer.
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Appeal from the Chancery Court of J efferson. Heard before the Hon. John C. Carmichael. The bill in this cause is for an injunction to restrain the defendants from proceeding further in the probate court with a cause for condemnation, pending an appeal to the Supreme Court from the order of condemnation. Injunction was granted, but was dissolved on the coming in of the answer. Appeal from this decree dissolving the injunction. cited, N. 0. & 8. R. R. Co. v. Jones, 68 Ala. 48; 96 Ala. 571; Code, Secs. 1717 and 439; Birmingham Traction Go. v. Birmingham By. & Elec. Go., 24 So. Rep. 368. cited,…
1Opinion of the Court
TYSON, J.-
— Appellant seeks a review' of the decree dissolving an injunction procured by it against the defendant upon a bill filed by it alleging that the defendant had, prior to the filing of the bill, instituted proceedings in the probate court of Jefferson county to condemn a right of way across its right of Avay, and that upon a hearing of the petition for condemnation the court granted the application, from Avhich decree it appealed to this court by giving the necessary appeal and super-sedeas bond. It is also alleged in the bill that notwithstanding the appeal, the defendant “is still…
2Cases cited6 opinions
- Ex parte RoundtreeSupreme Court of Alabama · 1874
- Ex parte SmithSupreme Court of Alabama · 1859
- Ex parte SmithSupreme Court of Alabama · 1853
- Ex parte RussellSupreme Court of Alabama · 1857
- Lea v. CassenSupreme Court of Alabama · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Southern Railway Co. v. Birmingham, Selma & New Orleans Railway Co.Supreme Court of Alabama · 1901
- Kelton v. TavelSupreme Court of Alabama · 1911
- Quinton v. Equitable Inv. Co.Court of Appeals for the Ninth Circuit · 1912
- Stiles v. Tennessee Coal, Iron & RailroadSupreme Court of Alabama · 1900