City Council of Montgomery v. Louisville & Nashville R. R.
Supreme Court of Alabama
Appeal from Montgomery Chancery Court. Heard before Hon. Jno. A. Foster. The Louisville and Nashville Railroad Company, operating the South and North Alabama Railroad Company, and in charge of the Union Passenger depot of the last named company in the city of Montgomery, undertook to make an addition, demanded by public convenience, and necessary for the business of said companies, to said Union depot, which depot is a brick building and within the fire limits of said city…
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Appeal from Montgomery Chancery Court. Heard before Hon. Jno. A. Foster. The Louisville and Nashville Railroad Company, operating the South and North Alabama Railroad Company, and in charge of the Union Passenger depot of the last named company in the city of Montgomery, undertook to make an addition, demanded by public convenience, and necessary for the business of said companies, to said Union depot, which depot is a brick building and within the fire limits of said city of Montgomery. This addition, one side of which was an end side of said depot, was to be thirty by forty-two feet long…
1Opinion of the CourtSomeryille, J.
The principles settled in the case of The Port of Mobile v. The Louisville & Nashville Railroad Co., decided at the present term, 84 Ala. 115, may be fairly con sidered as settling the right of a court of chancery to assume jurisdiction of the present case, the purpose of which is to protect an alleged corporate franchise from repeated and embarrassing disturbances resulting from the threatened enforcement of a municipal ordinance of the city of Montgomery, which is asserted either to be void, or else to have no application to the case of the complainants, although the Recorder’s Court of…
2Cases cited1 opinion
- Port of Mobile v. Louisville & Nashville RailroadSupreme Court of Alabama · 1887
3Cited by15 opinions
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- Caudle v. CottonSupreme Court of Alabama · 1937
- Town of Cuba v. Mississippi Cotton Oil Co.Supreme Court of Alabama · 1907
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