Legal Opinion

Ex parte Fechheimer

Supreme Court of Alabama

Decided November 15, 1893PublishedCited by 9 opinions

On October 17, 1892, Eugene F. Enslen filed Ms bill in the chancery court of Jefferson county, in which he averred, that on December 26, December 27, December 28, and December 29, 1892, Trounstine Bros. & Co., Fechheimer, Fishal & Co., Wienman, Hirshman & Co., and Hodges Bros., in the order named, upon the respective dates stated, sued out writs of attachment against M. Nathan & Co.; that these writs were executed by the sheriff of Jefferson county by levying upon a stock of…

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On October 17, 1892, Eugene F. Enslen filed Ms bill in the chancery court of Jefferson county, in which he averred, that on December 26, December 27, December 28, and December 29, 1892, Trounstine Bros. & Co., Fechheimer, Fishal & Co., Wienman, Hirshman & Co., and Hodges Bros., in the order named, upon the respective dates stated, sued out writs of attachment against M. Nathan & Co.; that these writs were executed by the sheriff of Jefferson county by levying upon a stock of merchandise contained in the store-house in Bessemer occupied by the said M. Nathan & Co., and proper returns of the…

1Opinion of the CourtMcCLELLAN, J.

Section 3613 of the Code provides *159for an appeal to the Supreme Court from all interlocutory orders, in term time or vacation, sustaining or dissolving injunctions. An order discharging an injunction is quite a different thing from an order dissolving an injunction ; and it has been decided that the section referred to above does not authorize an appeal from an order discharging an injunction. — Ex parte Sayre, 95 Ala. 288. Had the legislative purpose in the enactment of that section been to authorize an appeal from an order overruling and denying a motion to discharge an injunction, it is not…

2Cases cited1 opinion

  1. Ex parte SayreSupreme Court of Alabama · 1891

3Cited by9 opinions

  1. Ex Parte WeissingerSupreme Court of Alabama · 1945
  2. Brady v. BradySupreme Court of Alabama · 1905
  3. Ex Parte GreenSupreme Court of Alabama · 1930
  4. Morris v. SartainSupreme Court of Alabama · 1932
  5. Minge v. SmithSupreme Court of Alabama · 1921

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