Watson v. Kirkland
Supreme Court of Alabama
Appeal from Circuit Court, Covington County; A. B. Poster, Judge. Bill by Wright *E. Watson against S. S. Kirkland and others to enjoin the obstruction of a public road. Decree for complainant, and respondents appeal.
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Appeal from Circuit Court, Covington County; A. B. Poster, Judge. Bill by Wright *E. Watson against S. S. Kirkland and others to enjoin the obstruction of a public road. Decree for complainant, and respondents appeal. The court was in error in denying appellant relief in this cause and in dismissing his bill. 174 Ala. 457, 57 South. 375; 95 Ala. 28, 11 South. 375; 140 Ala. 268, 37 South. 79. The court was also reversed because the decree was rendered before the cause was at issue. Rule 75, Chancery Practice; 85 Ala. 474, 5 South. 305. An amendment is not .allowed to a bill in equity, after…
1Opinion of the CourtMcCLELLAN, J.
The appellant (complainant) filed this bill against the appellees seeking the removal of an obstruction, placed by appellees, in a way averred to be a public road. After modifying, on accelerated hearing, the injunction issued on the bill, it appears from the record, under date May 20, 1919, that in open court the cause was “submitted for final decree upon pleadings and testimony,noted by the register and held for decree in vacation.” On September 2, 1919, upon consideration “in open court,” decree was rendered denying relief and dissolving the injunction. The complainant (appellant)…
2Cases cited1 opinion
- Sloss-Sheffield Steed & Iron Co. v. YanceySupreme Court of Alabama · 1918
3Cited by8 opinions
- Saxon v. ParsonSupreme Court of Alabama · 1921
- Beck v. BurchfieldSupreme Court of Alabama · 1921
- Conner v. State Ex Rel. PerrySupreme Court of Alabama · 1924
- Winfield Lumber Co. v. Southern Mfg. Co.Supreme Court of Alabama · 1923
- Huguley v. HuguleySupreme Court of Alabama · 1939
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