Mobile & Ohio Railroad v. Nicholas
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before the Hon. WM. H. Tayloe. 1. The injunction granted should he dissolved. Tbis is tbe main question before tbe court. Tbe injunction was mandatory, was unprecedented, and improvidently granted. As to bow mandatory injunctions should be treated, (a.) The general principle.; citing High on Injunctions, sec. 2; Kerr on In.
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Appeal from Mobile Chancery Court. Heard before the Hon. WM. H. Tayloe. 1. The injunction granted should he dissolved. Tbis is tbe main question before tbe court. Tbe injunction was mandatory, was unprecedented, and improvidently granted. As to bow mandatory injunctions should be treated, (a.) The general principle.; citing High on Injunctions, sec. 2; Kerr on In. Yol. 1, p. 51 ; Mayer’s Appeal, 23 P. F. Smith, 164; Redfield Law of R’ways, vol. 2, p. 417; Isenbery v. E. India Est. Go., 33 L. J. 392. (b) Gases in which mandatory injunction has been granted.- — 4 Sim. 13; 1 DeG. & Sm. 672; 1 H.…
1Opinion of the CourtColeman, J.
The Mobile & Ohio Railroad Company having made default in the payment of coupons attached to its several bonds, secured by mortgages, proceedings were instituted in the Federal Court for the Southern District of Alabama and other courts, which resulted in debrees of foreclosure, and orders of sale of the property conveyed by the several mortgages or deeds of trust. ' ■
In addition to the bonded indebtedness of the railroad company, secured by mortgage, upon which the foreclosure decrees were rendered, there was a large unsecured indebtedness. The total indebtedness largely exceeded the value…
2Cases cited4 opinions
- Woodstock Iron Co. v. Richmond & Danville Extension Co.Supreme Court of the United States · 1889
- McDonnell v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1888
- Moses v. ScottSupreme Court of Alabama · 1887
- Lee v. GreenSupreme Court of Alabama · 1887
3Cited by23 opinions
- Smith v. San Francisco & North Pacific Railway Co.California Supreme Court · 1897
- People ex rel. Arkansas Valley Sugar Beet & Irrigated Land Co. v. BurkeSupreme Court of Colorado · 1923
- Venner v. Chicago City Railway Co.Illinois Supreme Court · 1913
- City of Birmingham v. TrammellSupreme Court of Alabama · 1958
- Bankers' Fire Marine Ins. Co. v. SlossSupreme Court of Alabama · 1934
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