Legal Opinion

Lake View Mining & Manufacturing Co. v. Hannon

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 5 opinions

Bill in Equity for Construction of Lease, and Injunction against Legal Proceedings for Forfeiture. Appeal from the City Court of Birmingham, in equity. Heard before the Hon. H. A. Sharpe. The bill in this case was filed on the 30th January, 1891, by the appellant corporation, against Thos.

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Bill in Equity for Construction of Lease, and Injunction against Legal Proceedings for Forfeiture. Appeal from the City Court of Birmingham, in equity. Heard before the Hon. H. A. Sharpe. The bill in this case was filed on the 30th January, 1891, by the appellant corporation, against Thos. E. Hannon and Roland S. Minor; and sought a judicial construction of certain provisions contained in a lease of mineral rights in land, which had been executed by said Hannon to Minor, and which the complainant claimed by assignment from Minor; also, an injunction “prohibiting the defendants severally from…

1Opinion of the CourtStone, C. J.

— This case seeks to raise two questions : first, to obtain equitable relief from what is claimed to be a penalty. 2 Sto. Eq. Ju. §§ 1313-16; 1 Pom. Eq. §§ 433-4. There are two reasons why we need not decide this question : first, it is not raised in the pleadings, and appears only in the argument of counsel; second, there does not appear to be any question of penalty in this case. Is not the royalty, agreed to be paid liquidated damages ? — Powell v. Burroughs, 54 Penn. St. 329; Young v. White, 5 Watts, 460; Pearson v. Williams, 26 Wend. 630.

A second object of the bill is clearly set forth…

2Cases cited5 opinions

  1. Bowers v. SmithNew York Court of Chancery · 1843
  2. Bailey v. . BriggsNew York Court of Appeals · 1874
  3. Sellers v. SellersSupreme Court of Alabama · 1859
  4. Pearson v. Williams' AdministratorsNew York Supreme Court · 1841
  5. Young v. WhiteSupreme Court of Pennsylvania · 1836

3Cited by5 opinions

  1. Smith v. Birmingham Water Works Co.Supreme Court of Alabama · 1893
  2. Jemison v. BrasherSupreme Court of Alabama · 1919
  3. Warner v. MettlerIllinois Supreme Court · 1913
  4. Collins v. Morgan County Nat. BankSupreme Court of Alabama · 1933
  5. Webster v. DebardelabenSupreme Court of Alabama · 1906

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