Kumpe v. Bynum
Supreme Court of Alabama
Appeal from Lawrence Chancery Court. Heard before Hon. W. H. Simpson. Bill for injunction by H. D. Bynum and others against J. C. Kumpe and others. The application having been set down for hearing, pursuant to Code 1907, § 4528, and- the chancellor having made his fiat for the issuance of the writ, defendants appeal. From the order of the court granting the warrant, the present appellee could have had certiorari to review the court’s action. — Stanfield v. Com.
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Appeal from Lawrence Chancery Court. Heard before Hon. W. H. Simpson. Bill for injunction by H. D. Bynum and others against J. C. Kumpe and others. The application having been set down for hearing, pursuant to Code 1907, § 4528, and- the chancellor having made his fiat for the issuance of the writ, defendants appeal. From the order of the court granting the warrant, the present appellee could have had certiorari to review the court’s action. — Stanfield v. Com. Ct., 80 Ala. 290; Com. Ct. v. Johnson, 39 South. 910; 4 Ency. P. & P. 90-1, 95-6, 115-16. Having a remedy at law by certiorari the…
1Opinion of the CourtDowdell, J.
This is a hill by resident taxpayers of the county against the probate judge and the county treasurer, and for the purpose of enjoining the issuance and payment of a warrant on the order of the board of revenue appropriating $2,000 out of the general fund of the county to aid in the construction and building of a “high school building.” The application for the writ of injunction was set down for hearing by the chancellor under section 4528 of the Code of 1907, and on such hearing the chancellor made his fiat for the issuance of the writ. From this order the present appeal is taken, under…
2Cases cited5 opinions
- Mayor v. RaySupreme Court of the United States · 1874
- Allen v. Intendant & Councilmen of LaFayetteSupreme Court of Alabama · 1889
- New Orleans, Mobile & Chattanooga Railroad v. DunnSupreme Court of Alabama · 1874
- Simpson v. Lauderdale CountySupreme Court of Alabama · 1876
- Warren County Agricultural Joint Stock Co. v. BarrIndiana Supreme Court · 1876
3Cited by8 opinions
- Wilkinson v. HenrySupreme Court of Alabama · 1930
- Poyner v. WhiddonSupreme Court of Alabama · 1937
- Kirkpatrick v. Board of SupervisorsSupreme Court of Virginia · 1926
- Weakley v. HenrySupreme Court of Alabama · 1920
- Leedy v. TaylorSupreme Court of Alabama · 1935
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