Mobile O. R. Co. v. Zimmern
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Saffold Berney,.Judge. Bill by Samuel Zimmern against the Mobile & Ohio Kailroad Company to enjoin it from confiscating coal consigned to complainant over respondent’s road. Prom a decree refusing to dissolve the temporary injunction,'the respondent appeals.
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Appeal from Circuit Court, Mobile County; Saffold Berney,.Judge. Bill by Samuel Zimmern against the Mobile & Ohio Kailroad Company to enjoin it from confiscating coal consigned to complainant over respondent’s road. Prom a decree refusing to dissolve the temporary injunction,'the respondent appeals. There is a plain and adequate remedy at law, denying the suit in equity. 14 R. C. L. 312 and 442; 4 Pomeroy, § 1338, and citations ; 158 Ala. 343, 48 South. 477, -24 L. R. A. (N. S.) 399; 147 Ala. 393, 41 South. 1003, 7 L. R. A. (N. S.) 87, 11 Ann. Cas. 461; 54 Ala. 320; 54 Ala. 499. Special…
1Opinion of the CourtSayre, J.
Appellee, to whom we shall hereafter refer as complainant, filed the bill in this cause for an injunction. To state his bill in short, he avers that he is engaged in the business of buying, selling, and exporting coal in the city of Mobile; that he constantly purchases and ships from the mines in this state coal in large quantities, consisting of hundreds of carloads; that many persons depend on him for a supply of coal; that he loads many ships under contract; “that in order to sell cargoes of coal for vessels, it is necessary that he should, and he does constantly contract for the loading…
2Cases cited6 opinions
- East & West Railroad Co. of Alabama v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Alabama · 1883
- American Smelting & Refining Co. v. GodfreyCourt of Appeals for the Eighth Circuit · 1907
- Tidwell v. H. H. Hitt Lumber Co.Supreme Court of Alabama · 1916
- White v. HarrisonSupreme Court of Alabama · 1919
- City of Clinton v. FranklinCourt of Appeals of Kentucky · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Stuart v. Lake Washington Realty Corp.West Virginia Supreme Court · 1956
- Hark v. Mountain Fork Lumber Co.West Virginia Supreme Court · 1945
- Ariola v. NigroIllinois Supreme Court · 1959
- Welton v. 40 East Oak St. Bldg. CorporationCourt of Appeals for the Seventh Circuit · 1934
- Minto v. Salem Water, Light & Power Co.Oregon Supreme Court · 1926
13 more not listed; retrieve them via the Exa API.