Tallapoosa County Bank v. Wynn
Supreme Court of Alabama
Aiteal from Tallapoosa Chancery Court. Heard before Hon. W. W. Whiteside. Bill by Tallapoosa County Bank against W. H. Wynn as administrator to enjoin a suit, and to set off certain claims against deposits. Prom a decree dissolving the injunction restraining the action, complainants appeal.
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Aiteal from Tallapoosa Chancery Court. Heard before Hon. W. W. Whiteside. Bill by Tallapoosa County Bank against W. H. Wynn as administrator to enjoin a suit, and to set off certain claims against deposits. Prom a decree dissolving the injunction restraining the action, complainants appeal. It is improper where the cause was submitted for final hearing merely to dissolve, the injunction without rendering a final decree.' — Trump• v. McDonnell, 112 Ala. 256; Sec. 1585, Code 1907. The bank had the right to set off the claim it held against the estate against the deposits claimed by the estate.…
1Opinion of the CourtMayfield, J.
This appeal is from a decree dissolving an injunction. The cause was submitted in the lower court on respondent’s motion to dissolve the injunction ; the submission being had under a written notice, served on complainant’s solicitor. The proceeding in the lower court was had, in vacation, under section 4526 of the Code of 1907, which is as follows: “A defendant may in vacation, upon ten days’ notice to the complainant or his solicitor, move before the chancellor of the division in which the bill is filed, to dissolve an injunction for want of equity in the bill or on the coming in of an…
2Cases cited3 opinions
- Wynn v. Tallapoosa County BankSupreme Court of Alabama · 1910
- Lehman Bros. v. Tallassee Manufacturing Co.Supreme Court of Alabama · 1879
- Irvine v. DeanTennessee Supreme Court · 1894
3Cited by3 opinions
- STATE NAT. BANK OF DECATUR AT ONEONTA v. TownsAlabama Court of Appeals · 1952
- Hooper v. HerringAlabama Court of Appeals · 1913
- Carsey v. First National Bank of ClarksvilleCourt of Appeals of Tennessee · 1929