Cooper v. Hames

— The Anniston & Atlantic Railway Company having instituted proceedings to condemn a right of way over the lands of Cooper and others, and paid the assessed damages into court before final judgment of condemnation, proceeded to build its road on the proposed right of way. At this stagé Cooper et al. filed their bill in the Chancery Court of Calhoun county, praying an injunction restraining the rail*281way company from building its road • on the lands until the questions presented by the bill were determined. The writ issued as prayed, on a bond executed by the defendants te this action. The…