McMinn v. Karter
Supreme Court of Alabama
Appeal from the Chancery Court of Cullman. Heard before the Hon. William; H. Simpson. The bill in this case was filed to enjoin the threatened injuries to a party Avail. The report of the case on the former appeal, from a decree dissolving a preliminary injunction, discloses the state of facts alleged in the bill as originally filéd. — McMinn v. Karter, 116 Ala. 390. After the remandment of the cause on the former appeal, the bill Avas amended.
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Appeal from the Chancery Court of Cullman. Heard before the Hon. William; H. Simpson. The bill in this case was filed to enjoin the threatened injuries to a party Avail. The report of the case on the former appeal, from a decree dissolving a preliminary injunction, discloses the state of facts alleged in the bill as originally filéd. — McMinn v. Karter, 116 Ala. 390. After the remandment of the cause on the former appeal, the bill Avas amended. The additional facts averred in the amendment are sufficiently shoAvn in the opinion. To the bill as amended the defendant demurred upon the…
1Opinion of the CourtMcCLELLAN, C. J.
-This cause has been heretofore in this court on appeal from an order dissolving the injunction.^ — 116 Ala. 390. On the bill, answer and affidavits our opinion then was that the injunction was properly dissolved, but the decree was reversed because the *508chancellor allowed an amendment of the verification of the answer after the cause had been submitted on motion to dissolve. We entertained some doubt at that time whether the bill showed that the respondent was about to join the building she was erecting to this party wall in a way to seriously weaken and impair the wall, and by incisions into…
2Cases cited7 opinions
- American Freehold Land Mortgage Co. v. SewellSupreme Court of Alabama · 1890
- Brackin v. NewmanSupreme Court of Alabama · 1898
- Adams v. PhillipsSupreme Court of Alabama · 1883
- Johnson v. DurnerSupreme Court of Alabama · 1889
- Freeman v. BrownSupreme Court of Alabama · 1892
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- State Ex Rel. Bailes v. Guardian Realty Co.Supreme Court of Alabama · 1939
- Gillespie v. GibbsSupreme Court of Alabama · 1906
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- Fegers Et Vir. v. Pompano Farms, Inc.Supreme Court of Florida · 1932
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