Legal Opinion

Lynne v. Ralph

Supreme Court of Alabama

Decided April 11, 1918No. 8 Div. 72PublishedCited by 12 opinions

Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Bill by W, G. Ralph against W. E. Lynne. From a decree granting an injunction pendente lite, defendant appeals.

1Opinion of the CourtMcCLELLAN, J.

[1] This appeal is from the action of the circuit judge in granting an injunction pendente lite after hearing as provided in Code, §§ 4528, 4529, 4531. The review is, of course, confined to this particular action of the circuit judge.

The appellee filed a bill against the appellant, invoking the injunctive powers of the court to remove an obstruction from a way alleged in the bill to be a public road. Un der the averments of the bill neither its equity nor the peculiar character of the injury suffered by the complainant in consequence of the obstruction of the way (if a public highway) is…

2Cases cited3 opinions

  1. McHan v. McMurrySupreme Court of Alabama · 1911
  2. Nelson v. HammondsSupreme Court of Alabama · 1911
  3. Moragne v. City of GadsdenSupreme Court of Alabama · 1911

3Cited by12 opinions

  1. Berman v. Wreck-A-Pair Bldg. Co.Supreme Court of Alabama · 1937
  2. Giglio v. BarrettSupreme Court of Alabama · 1922
  3. Saxon v. ParsonSupreme Court of Alabama · 1921
  4. Ft. Payne Co. v. City of Ft. PayneSupreme Court of Alabama · 1927
  5. Kirk v. McTyeireSupreme Court of Alabama · 1923

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