Gray v. South & North Ala. R. R.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by the South & North Alabama Railroad Company and others, against Henry B. Gray, and others, upon an injunction bond. Judgment for plaintiff and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by the South & North Alabama Railroad Company and others, against Henry B. Gray, and others, upon an injunction bond. Judgment for plaintiff and defendant appeals. The allowance of a filing of a plea in abatement after the time for filing such plea is within the sound discretion of the trial court.— Hawkins v. Armour Packing Go., 105 Ala. 545; Dozier L. Go. v. Smith-Isburg L. Go., 145 Ala. 317. The suit was prematurely brought. — 16 A. & E. Ency. of Law, 454 and 455, and cases cited in note. The right of action upon…
1Opinion of the CourtDenson, J.
This is an action on an injunction bond, conditioned, as required by the statute, to pa.y “all damages and costs which any person may sustain by the suing out of said injunction, if the same is dissolved.” The complaint alleges that a bill in equity was filed in the city court of Montgomery by H. B. Gray, one of the defendants, against plaintiffs, seeking, among other things, to restrain and enjoin one of the plaintiffs, the South & North Alabama Railroad Company, from the further prosecution of a suit brought by it against the Louisville & Nashville Railroad Company, another of plaintiffs,…
2Cases cited4 opinions
- Bolling v. TateSupreme Court of Alabama · 1880
- Jesse French Piano & Organ Co. v. PorterSupreme Court of Alabama · 1901
- Jackson v. MillspaughSupreme Court of Alabama · 1893
- May v. Walter Bros.Supreme Court of Alabama · 1888
3Cited by4 opinions
- Alabama Power Co. v. HamiltonSupreme Court of Alabama · 1917
- Irwin v. MorrowAlabama Court of Appeals · 1922
- Virginia Beach Development Co. v. CommonwealthSupreme Court of Virginia · 1913
- Tyson v. NorwoodSupreme Court of Alabama · 1910