Bibb v. Shackelford
Supreme Court of Alabama
Appeal from the Chancery Court at Montgomery. Heard before the Hon. N. W. Cocke. The bill in this case was filed, on the 10th October, 3861, by Joseph B. Bibb, against George W. Shackelford and others ; and sought to restrain the defendants from erecting a mill-dam across Pintlala creek at a point which was situated in the complainant’s plantation.
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Appeal from the Chancery Court at Montgomery. Heard before the Hon. N. W. Cocke. The bill in this case was filed, on the 10th October, 3861, by Joseph B. Bibb, against George W. Shackelford and others ; and sought to restrain the defendants from erecting a mill-dam across Pintlala creek at a point which was situated in the complainant’s plantation. The’ lands surrounding the mill-site, through which said creek flows, once belonged to George Shackelford, since deceased, who was the father of the defendants, and who conveyed the said land, on the 2d March, 1849, to one Calloway, who after-wards…
1Opinion of the CourtA. J. Walker, C. J.
Special injunctions are contra-distinguished from injunctions designed to restrain proceedings in courts of common law, which, in England, are granted upon the defendant’s default. — 3 Dan. Ch. Pl. & Pr. 1811; 1 Hoff. Ch. Pr. 78. The dissolution of special injunctions, when the equity of the bill is controverted in the answer, is usually a matter of course, but, to prevent irreparable mischief, the chancellor is clothed with a discretion over the subject; and the injunction may, therefore, in proper cases be retained, notwithstanding the negation of all equity by the answer. — Poor v.…
2Cases cited10 opinions
- Jeter v. JeterSupreme Court of Alabama · 1860
- Semmes v. Mayor of ColumbusSupreme Court of Georgia · 1856
- Roberts v. AndersonNew York Court of Chancery · 1816
- Swift v. SwiftSupreme Court of Georgia · 1853
- Brooks v. Diaz & Co.Supreme Court of Alabama · 1860
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- East & West Railroad Co. of Alabama v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Alabama · 1883
- Chambers v. Alabama Iron Co.Supreme Court of Alabama · 1880
- Ex parte HamiltonSupreme Court of Alabama · 1874
- Rice & Wilson v. TobiasSupreme Court of Alabama · 1887
- Harrison v. YerbySupreme Court of Alabama · 1888
3 more not listed; retrieve them via the Exa API.