Tallassee Falls Mfg. Co. v. Parks
Alabama Court of Appeals
Appeal from Tallaspoosa Circuit Court. Heard before Hon. S. L. Brewer. Action by J. D. Parks and another against the Tallassee Falls Manufacturing Company, on. an injunction bond. Judgment for plaintiff and defendant appealed. Error in admission of evidence is cause for reversal, unless the record affirmatively rebuts the idea of injury.
Read the full summary
Appeal from Tallaspoosa Circuit Court. Heard before Hon. S. L. Brewer. Action by J. D. Parks and another against the Tallassee Falls Manufacturing Company, on. an injunction bond. Judgment for plaintiff and defendant appealed. Error in admission of evidence is cause for reversal, unless the record affirmatively rebuts the idea of injury. In this case the court admitted evidence of a number of damages not claimed in the complaint and its action in doing so was fatally erroneous. The court cannot know that the jury did not take these items into consideration in arriving at their verdict. — It.…
1Opinion of the Court
de GRAFFENRIED, J.
The appellant filed a bill in chancery to enjoin, appellees “from selling, leasing, •or disposing of, and from attempting to sell, lease, or otherwise dispose of,” certain lands described in the hill. A temporary injunction was granted, and, as a preliminary thereto, appellant was required to execute a bond to appellees in the sum of $300, conditioned “to pay all damages and costs which any person may sustain by the suing out of such injunction if the same is dissolved.” The bill was demurred to by the appellees, •and a motion to dissolve the injunction was also filed by…
2Cases cited5 opinions
- Central Railroad & Banking Co. v. VaughanSupreme Court of Alabama · 1890
- Governor v. WileySupreme Court of Alabama · 1848
- Kent v. LongSupreme Court of Alabama · 1845
- Kirby v. ForbesSupreme Court of Alabama · 1904
- Marsh v. FrickeAlabama Court of Appeals · 1911
3Cited by1 opinion
- Buford v. GradenAlabama Court of Appeals · 1912