Reid v. Moulton
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. Adam C. Eelder. This is the case in which an application was made to this court, at its last term, for a writ of prohibition, or other appropriate writ, to restrain further proceedings in the cause, and to vacate and set aside the proceedings already had, on the ground that the court had no jurisdiction of the case made by the bill.
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Appeal from the Chancery Court of Mobile. Heard before the Hon. Adam C. Eelder. This is the case in which an application was made to this court, at its last term, for a writ of prohibition, or other appropriate writ, to restrain further proceedings in the cause, and to vacate and set aside the proceedings already had, on the ground that the court had no jurisdiction of the case made by the bill. See the report of the case, JEx parte Reid, 50 Ala. 439-45. The bill was filed on the 16th December, 1873, by Cleaveland F. Moulton, then holding the office of mayor of the city of Mobile, against…
1Opinion of the CourtPeters, C. J.
This is an appeal from the decree of the chancellor in the court below, refusing to dissolve the injunctions granted in the cause by-himself, on the grounds, chiefly, of a want of equity, and also on the answers. The questions of chief consequence in the case seem to be two. They are : 1st, What is the wrong, which the complainant seeks to have redressed ? 2d, Can a court of chancery afford any redress appropriate to the prayer of the bill ? If these questions are answered in the negative, then there is an end of the case, and the bill must be dismissed. But, if they are answered in the…
2Cases cited9 opinions
- Sprowl v. LawrenceSupreme Court of Alabama · 1859
- Perkins v. CorbinSupreme Court of Alabama · 1871
- Blakeney v. BlakeneySupreme Court of Alabama · 1837
- Roberts v. AndersonNew York Court of Chancery · 1816
- Wammack v. HollowaySupreme Court of Alabama · 1841
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3Cited by6 opinions
- State ex rel. Jennett v. OwensTexas Supreme Court · 1885
- Moulton v. ReidSupreme Court of Alabama · 1875
- Moore v. Hope Natural Gas Co.West Virginia Supreme Court · 1915
- Harmon v. Goetter, Weil & Co.Supreme Court of Alabama · 1888
- Wakefield v. Town of Carbon HillSupreme Court of Alabama · 1926
1 more not listed; retrieve them via the Exa API.