South & North Alabama Railroad v. Alabama Great Southern Railroad
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by the Alabama Great Southern Railroad Company against the South & North Alabama Railroad Company,, to enjoin the respondent from prosecuting to judgment an action of ejectment brought against the complainant for a certain thirty feet strip of land lying in the city of Birmingham. The facts averred in the bill are sufficiently stated in the opinion.
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Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by the Alabama Great Southern Railroad Company against the South & North Alabama Railroad Company,, to enjoin the respondent from prosecuting to judgment an action of ejectment brought against the complainant for a certain thirty feet strip of land lying in the city of Birmingham. The facts averred in the bill are sufficiently stated in the opinion. The respondent demurred to the bill oí complaint, upon the ground that there was no equity in the bill, because there was no…
1Opinion of the CourtHaralson, J.
The principal upon which this appeal is prosecuted is, that an action at law will not be enjoined in equity, when it appears the defendant has a full and complete defense which may be set up and maintained in the court of law. This certainly is tlie statement of a correct legal proposition. And, it is insisted, as for its application in this case, that the bill filed, — on which the action of ejectment pending in the law court was enjoined, — shows that the complainant, the appellee here, could have maintained the defense it sets up, as well at law as. in equity — that it has no right to the…
2Cases cited12 opinions
- Pollard v. MaddoxSupreme Court of Alabama · 1856
- Baker v. Chicago, Rock Island & Pacific R. R.Supreme Court of Missouri · 1874
- Hendricks v. KellySupreme Court of Alabama · 1879
- Indiana, Bloomington & Western Railway Co. v. AllenIndiana Supreme Court · 1885
- Ala. Gt. Southern R. R. v. South & North Ala. R. R.Supreme Court of Alabama · 1887
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Hendrix v. Southern Railway Co.Supreme Court of Alabama · 1900
- Chicago, Burlington & Quincy Railroad v. EnglehartNebraska Supreme Court · 1899
- Birmingham Belt Ry. Co. v. LockwoodSupreme Court of Alabama · 1907
- Cowan v. Southern Railway Co.Supreme Court of Alabama · 1897
- Boone v. ByrdSupreme Court of Alabama · 1918
13 more not listed; retrieve them via the Exa API.