Mobile & Girard Railroad v. Ala. Midland Railway Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Pike. Heard before the Hon. John A. Poster. The bill in this case was filed on the 19th April, 1889, by the Mobile & Girard Railroad Company, and its lessee, the Central Railroad & Banking Company of Georgia, against the Alabama Midland Railroad Company, a corporation organized under the general statutes of Alabama; and sought to enjoin and restrain the defendant from further obstruction or interference with the right of way and franchises…
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Appeal from the Chancery Court of Pike. Heard before the Hon. John A. Poster. The bill in this case was filed on the 19th April, 1889, by the Mobile & Girard Railroad Company, and its lessee, the Central Railroad & Banking Company of Georgia, against the Alabama Midland Railroad Company, a corporation organized under the general statutes of Alabama; and sought to enjoin and restrain the defendant from further obstruction or interference with the right of way and franchises of said Mobile & Girard Railroad Company, and from the further prosecution of its work under the judgment of condemnation…
1Opinion of the CourtClopton, J.
Every question raised by the present bill is purely a legal question, and, according to the averments o£ the bill, an appeal to this court was pending, which was intended to bring, and did bring, each of these questions before us for review. The case of Cooper v. Anniston & Atlantic R. R. Co., 85 Ala. 106, was very like the present one, except that in that case it was charged that the defendant railroad company was .insolvent. That charge is not made in this case. We pronounced that bill wanting in equity, and for a stronger reason, if possible, the present bill is without merit. The…
2Cases cited5 opinions
- East & West Railroad Co. of Alabama v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Alabama · 1883
- Tennessee & Coosa Railroad v. East Alabama Railway Co.Supreme Court of Alabama · 1883
- Boulo v. New Orleans, Mobile & Texas RailroadSupreme Court of Alabama · 1876
- Anniston & Cincinnati Railroad v. Jacksonville, Gadsden Attalla RailroadSupreme Court of Alabama · 1886
- Cooper v. Anniston & Atlantic RailroadSupreme Court of Alabama · 1887
3Cited by4 opinions
- City of St. Louis v. MooreSupreme Court of Missouri · 1916
- Highland Avenue & Belt Railroad v. Birmingham Union Railway Co.Supreme Court of Alabama · 1890
- Alabama Great Southern Railroad v. CrossCourt of Appeals of Georgia · 1922
- National Docks & New Jersey Junction Connecting Railway Co. v. Pennsylvania RailroadSupreme Court of New Jersey · 1894