State Department of Public Safety v. Scotch Lumber Co.

FAULKNER, Justice.

This is an appeal from an order of the trial court granting a preliminary injunction. The appellants-defendants below— were enjoined from enforcement of §§ 89 and 90, Title 36, Code of Alabama 1940, Recompiled 1958, and the penalty provisions of Title 36, against haulers or carriers of unmanufactured forest products upon the public highways in Clarke, Washington, and Choctaw Counties. Bond was set in the amount of $2,500.

The complaint as last amended alleged in substance:(1) that defendants, by causing the plaintiffs to be weighed pursuant to the truck weight statute, were…