Webster v. Debardelaben
Supreme Court of Alabama
Appeal from Elmore Chancery Court. Heard before Hon. W. W. Whiteside. The bill in this case was filed by appellant against appellees, seeking to have a contract attached thereto construed and to enjoin appellees from interfering with the conduct of appellant’s business in reference to the subject-matter of the contract, and to enjoin a.n attachment suit begun by appellees against appellant and levied upon certain property of the appellant.
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Appeal from Elmore Chancery Court. Heard before Hon. W. W. Whiteside. The bill in this case was filed by appellant against appellees, seeking to have a contract attached thereto construed and to enjoin appellees from interfering with the conduct of appellant’s business in reference to the subject-matter of the contract, and to enjoin a.n attachment suit begun by appellees against appellant and levied upon certain property of the appellant. Appellees filed an, answer specifically .denying the allegations- of the bill, and a cross-bill asking for affirmative relief, the allegations and purposes…
1Opinion of the CourtHaralson, J.
The case is to be considered in two aspects. The first is, whether under the original bill, as filed by the complainant therein, A. M. Webster, the appellant here, against I)e Bardeleben and wife, the appellees, he was entitled to the relief he sought in the perpetuation of the preliminary injunction granted to him. The chancellor denied such relief.
When the allegations of a bill, “upon which its equity defends, are fully, directly and completely denied in the answer, and none appears by the case made, why the injunction should be retained,” it should be dissolved.— Brooks v. Diaz, 35 Ala.…
2Cases cited8 opinions
- Long v. BrownSupreme Court of Alabama · 1843
- Davis v. CookSupreme Court of Alabama · 1880
- Campbell v. Woodstock Iron Co.Supreme Court of Alabama · 1887
- Barnard v. DavisSupreme Court of Alabama · 1875
- Abels v. Planters & Merchants Ins.Supreme Court of Alabama · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Rice v. DavidsonSupreme Court of Alabama · 1921
- Ex Parte ConradiSupreme Court of Alabama · 1923
- Rice v. DavidsonSupreme Court of Alabama · 1921