Salmon v. Salmon
Supreme Court of Alabama
Appeal from Tallapoosa Chancery Court. Heard before Hon. W. W. Whiteside. Bill by P. A. Salmon to enjoin A. J. Salmon from participating in the partnership business. Prom a decree dissolving a temporary injunction complainant appeals.
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Appeal from Tallapoosa Chancery Court. Heard before Hon. W. W. Whiteside. Bill by P. A. Salmon to enjoin A. J. Salmon from participating in the partnership business. Prom a decree dissolving a temporary injunction complainant appeals. The facts do not show a partnership. — Gulf City Go. v. Boyles, 129 Ala. 192; Sahel v. Savannah R. & B. Go., 136 Ala. 380; Zuber v. Roberts, 147 Ala. 512. An injunction will not be dissolved on the denials of the answer where irreparable injury is likely to result. — Gilreath v. Garbon Hill L. & G. Go., 157 Ala. 153. One partner lias no right to exclude another…
1Opinion of the CourtDowdell, C. J.
The appeal in this case is prosecuted from the decree of the chancellor dissolving a temporary injunction. The purpose of the bill was to enjoin interference by the respondent, the appellee, with the carrying on of a business in the buying and selling of drugs by the complainant. The cause was heard on the motion to dissolve the injunction on the bill which was sworn to, and on the SAVorn ansAver to the bill denying the material allegations, and upon ex parte affidavits on both sides.
Section 4535 of the Code of 1907 provides as folio avs: “Upon the hearing of motion to dissolve an injunction,…
2Cases cited2 opinions
- Harris v. HarrisSupreme Court of Alabama · 1902
- Roy v. HendersonSupreme Court of Alabama · 1902
3Cited by4 opinions
- Ex Parte GreenSupreme Court of Alabama · 1930
- Profile Cotton Mills v. Calhoun Water Co.Supreme Court of Alabama · 1914
- Consumers Coal & Fuel Co. v. YarbroughSupreme Court of Alabama · 1915
- Christison v. StateAlabama Court of Appeals · 1957