Hamilton v. Alabama Power Co.
Supreme Court of Alabama
Appeal from Talladega Chancery Court. Heard before Hon. W. W. Whiteside. Bill by the Alabama Power Company against G. F. Hamilton and others, to enjoin the prosecution of numerous actions sounding in damages. Decree for complainants, and respondents appeal.
1Opinion of the Court
This case was considered and decided under new rule 46, and the opinion of the court was delivered by
Mr. Chief Justice Anderson.(1) This is a bill of peace, by this complainant, to enjoin the prosecution of numerous actions at law against it. The first and paramount step to be taken by a complainant in a bill of this character is the averment of a complete defense to the actions sought to be enjoined. He cannot invoke equity merely to have his wrongdoing adjudged in one suit instead of seven hundred. — Turner v. City of Mobile, 135 Ala. 73, 33 South. 132.(2) The bill avers a series of suits…
2Cases cited19 opinions
- United States v. LynahSupreme Court of the United States · 1903
- Bedford v. United StatesSupreme Court of the United States · 1904
- Chicago v. TaylorSupreme Court of the United States · 1888
- Tribette v. Illinois Central RailroadMississippi Supreme Court · 1892
- County of Chester v. BrowerSupreme Court of Pennsylvania · 1888
14 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Finnell v. PittsSupreme Court of Alabama · 1930
- Branyon v. KirkSupreme Court of Alabama · 1939
- Ex Parte State Mutual Ins. Co.Supreme Court of Alabama · 1997
- Alabama, Tenn. & Northern Ry. Co. v. Aliceville Lumber Co.Supreme Court of Alabama · 1916
- Aetna Ins. v. HannSupreme Court of Alabama · 1916
33 more not listed; retrieve them via the Exa API.