Attalla Mining & Manufacturing Co. v. Winchester
Supreme Court of Alabama
Appeal from the Chancery Court of Etowah. ' Heard before the Hon. S. K. McSpadden. The bill in this case was filed in January, 1893, by the appellant against the appellees; and prayed an injunction restraining the maintenance of certain suits brought by the defendant, Winchester, against the complainant ; and also for an accounting between the complainant and the defendants.
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Appeal from the Chancery Court of Etowah. ' Heard before the Hon. S. K. McSpadden. The bill in this case was filed in January, 1893, by the appellant against the appellees; and prayed an injunction restraining the maintenance of certain suits brought by the defendant, Winchester, against the complainant ; and also for an accounting between the complainant and the defendants. The defendants demurred to the bill, and also moved to dismiss it, on the grounds that it contained no equity, and that the complainant had a full, complete and adequate remedy at law, and also moved to dissolve the…
1Opinion of the CourtStone, C. J.
The appeal in this case is from the decree of the chancery court sustaining demurrers to the bill of complaint and dissolving the injunction.
The case made by tho bill is, in substance, as follows : In 1886, S. M. Winchester conveyed to Obal Christopher *186and.-Samuel Stewart the right to mine the soft ore in and upon certain iron ore land in Etowah county for a term of ten years. ' By the terms of the lease the lessees were bound to mine not less than 20,000 tons of soft ore per annum, except that, in case of strikes or blow-outs at furnaces with which the lessees might have contracts, due…
2Cases cited5 opinions
- Root v. JohnsonSupreme Court of Alabama · 1891
- Va. & Ala. Mining & Manufacturing Co. v. Hale & Co.Supreme Court of Alabama · 1890
- Brooks v. RogersSupreme Court of Alabama · 1892
- Whitman v. ReeseSupreme Court of Alabama · 1877
- Wingo v. HardySupreme Court of Alabama · 1891
3Cited by6 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Turner v. City of MobileSupreme Court of Alabama · 1902
- Franklin v. LongSupreme Court of Alabama · 1915
- Foreman v. SmithSupreme Court of Alabama · 1961
- Hays v. Ingham-Burnett Lumber Co.Supreme Court of Alabama · 1928
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