Moore v. Barclay
Supreme Court of Alabama
Appeal from the Chancery Court of Talladega. Heard before the Hon. S. I). Townes. This bill was -filed by plaintiffs in error against tbe defendants in error, on the same facts, and, as far as can be perceived, making the same case, as is made by the bill in the ease of Moore v. Barclay, in IS Ala. 158; and the report of the facts of the bill as stated in that case is referred to, as being substantially the allegations of the bill in the present record.
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Appeal from the Chancery Court of Talladega. Heard before the Hon. S. I). Townes. This bill was -filed by plaintiffs in error against tbe defendants in error, on the same facts, and, as far as can be perceived, making the same case, as is made by the bill in the ease of Moore v. Barclay, in IS Ala. 158; and the report of the facts of the bill as stated in that case is referred to, as being substantially the allegations of the bill in the present record. The only difference which we observe is, that in the present bill is the statement as to how the complainants Stoi’yjand Dixon became parties…
1Opinion of the CourtGibbons, J.
The cross-assignments of error are, as wo understand, withdrawn by the defendant in error, and conse - quently it does not become necessary to consider them in tho present opinion. Indeed we could not consider them on tho present appeal, as the dissolution of the injunction alone can be considered in the present state of the record.
The record before us presents a question certainly novel in this court, and by no means free from difficulty. In the case reported in 16th Ala., the question was, whether the injunction was properly dissolved on the coming in of the answer; in other words, whether…
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