Franklin Social Club v. Town of Phil Campbell
Supreme Court of Alabama
Appeal from Circuit Court, Franklin County; C. P. Almon, Judge. Bill by the Franklin Social Club against the Town of Phil Campbell to enjoin the enforcement of an ordinance and from prosecuting suits thereunder. From a decree dissolving the temporary injunction, complainant appeals. Acts Sp. Sess. 1909, p. 193, granted the complainant tbe right for which it contends.
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Appeal from Circuit Court, Franklin County; C. P. Almon, Judge. Bill by the Franklin Social Club against the Town of Phil Campbell to enjoin the enforcement of an ordinance and from prosecuting suits thereunder. From a decree dissolving the temporary injunction, complainant appeals. Acts Sp. Sess. 1909, p. 193, granted the complainant tbe right for which it contends. The ordinance sought to be enjoined contravenes tbe right given by this statute and is otherwise unreasonable. 118 Ala. 143, 22 South. 628, 72 Am. St. Rep. 143; 179 Ala. 54, 60 South. 392, Ann. Cas. 19150/691; 13 Ala. App. 570,…
1Opinion of the CourtSayre, J.
[1] Relief against the enforcement of penal ordinances has been most frequently denied on the ground that the proceedings for their enforcement were of a criminal nature, and that equity declines to interfere with the administration of the criminal law. Some cases, however, deny the right to equitable interference on the ground that the complainant’s defense to the prosecution affords him an adequate remedy at law. This is substantially tbe language of 5 Pomeroy’s Equity Jurisprudence, § 354. In Brown v. Birmingham, 140 Ala. 590, 37 South. 173, McClellan, C. J., referring to the…
2Cases cited12 opinions
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- Davis & Farnum Manufacturing Co. v. Los AngelesSupreme Court of the United States · 1903
- City of Austin v. Austin City Cemetery Ass'nTexas Supreme Court · 1894
- City of Atlanta v. Gate City Gas Light Co.Supreme Court of Georgia · 1883
- Port of Mobile v. Louisville & Nashville RailroadSupreme Court of Alabama · 1887
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3Cited by12 opinions
- Walker v. City of BirminghamSupreme Court of Alabama · 1927
- Caudle v. CottonSupreme Court of Alabama · 1937
- Phillips v. City of HomewoodSupreme Court of Alabama · 1951
- City of Birmingham v. Leo A. Seltzer, Inc.Supreme Court of Alabama · 1935
- State ex rel. Dally v. WoodallSupreme Court of Alabama · 1932
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