Legal Opinion

McCurry v. Gibson

Supreme Court of Alabama

Decided November 15, 1895PublishedCited by 38 opinions

Appeal from Anniston City Court. Heard before Hon. Jas. W. Lapsley. The facts of this case areTsufficiently stated in the opinion. The bill is without equity, in that it fails to show that the complainant had complied with the laws regulating and licensing the practice of medicine. Christian v. Am. F. L. & M. Co., 89 Ala. 188 : Reel-v. Overall, 39 Ala. 138 ; Cockrell v. Curley, 26 Ala. 405 ; MeQhee v. Lindsay, 6 Ala. 20 Fowler v. Scully, 13 Am.

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Appeal from Anniston City Court. Heard before Hon. Jas. W. Lapsley. The facts of this case areTsufficiently stated in the opinion. The bill is without equity, in that it fails to show that the complainant had complied with the laws regulating and licensing the practice of medicine. Christian v. Am. F. L. & M. Co., 89 Ala. 188 : Reel-v. Overall, 39 Ala. 138 ; Cockrell v. Curley, 26 Ala. 405 ; MeQhee v. Lindsay, 6 Ala. 20 Fowler v. Scully, 13 Am. Rep. 708. The complainant having failed to prove (as it was his duty to do) that he had compled with the law regulating the practice of medicine, the…

1Opinion of the CourtHead, J.

The bill was filed on the 30th day .of May,, 1893, to enjoin the breach of a contract, which the defendant made with the complainant in January of the same year. A preliminary injunction was granted at’ the institution of the suit, which the city court,.upon de-, fendant’s motion for a dissolution, refused to dissolve and upon final hearing it was continued in force, according to the prayer of the bill. From the final decree the appeal is prosecuted by the defendant, the assignments of error being based upon the overruling of a demurrer" to 'the bill, and a motion to dismiss for want of…

2Cases cited26 opinions

  1. Moore & Handley Hardware Co. v. Towers Hardware Co.Supreme Court of Alabama · 1888
  2. Cook v. JohnsonSupreme Court of Connecticut · 1879
  3. Dwight v. HamiltonMassachusetts Supreme Judicial Court · 1873
  4. Keeble v. KeebleSupreme Court of Alabama · 1888
  5. Watrous v. AllenMichigan Supreme Court · 1885

21 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Van Antwerp v. Van AntwerpSupreme Court of Alabama · 1941
  2. Odess v. TaylorSupreme Court of Alabama · 1968
  3. United States v. American Medical Ass'nCourt of Appeals for the D.C. Circuit · 1940
  4. Rigs v. SokolMassachusetts Supreme Judicial Court · 1945
  5. Ray v. RichardsonSupreme Court of Alabama · 1948

33 more not listed; retrieve them via the Exa API.

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