Gulf Compress Co. v. Harris, Cortner & Co.
Supreme Court of Alabama
Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by Harris, Cortner & Co., against the Gulf Com- ' press Company. From a decree overruling a motion to dismiss the bill for want of equity, a demurrer to-«the bill, and a motion to dissolve a preliminary injunction, defendant appeals.
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Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by Harris, Cortner & Co., against the Gulf Com- ' press Company. From a decree overruling a motion to dismiss the bill for want of equity, a demurrer to-«the bill, and a motion to dissolve a preliminary injunction, defendant appeals. The effect of the injunction as applied for and as issued in this case depends upon the power of the court of equity to prescribe rates to be charged in the future by the defendant company. This is a legislative and not a judicial power. — Interstate Com. Com. v. R. R. Co., 167 U. S. 479,…
1Opinion of the CourtDowdell, J.
The appeal in this case is prosecuted from an interlocutory decree of the chancellor overruling- the respondent’s motion to dismiss the bill for want of equity, demurrer to the bill, and motion to dissolve the preliminary injunction for want of equity in the bill, and on the denials in the sworn answer of the material allegations of the bill.
The averments of the bill, in substance, are that the complainants, appellees here, are engaged in the business of buying, selling, and shipping cotton, and have been so engaged for more than a year, with their headquarters at Decatur, Ala., handling in…
2Cases cited17 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Smyth v. AmesSupreme Court of the United States · 1898
- Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
- Smyth v. Ames; Smyth v. Smith; Smyth v. HigginsonSupreme Court of the United States · 1898
- Vrooman v. . TurnerNew York Court of Appeals · 1877
12 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- City of Birmingham v. Southern Bell Telephone & Telegraph Co.Supreme Court of Alabama · 1937
- Willard v. ClabornTennessee Supreme Court · 1967
- Anderson v. Howard Hall CompanySupreme Court of Alabama · 1965
- Mobile Electric Co. v. City of MobileSupreme Court of Alabama · 1918
- Fite v. PearsonSupreme Court of Alabama · 1926
18 more not listed; retrieve them via the Exa API.