East & West Railroad Co. of Alabama v. East Tennessee, Virginia & Georgia Railroad
Supreme Court of Alabama
Appeal from Calhoun Chancery Court. Heard before Hon. N. S. Graham. The case made by the record is stated in the opinion. (1) The jurisdiction of the City Court of Selma, and the powers and authority of the judge thereof, in the matter of issuing remedial writs, are limited to the county of Dallas. This point discussed, and the following citations made and commented on; Con. of 1875, Art. vi, §§ 2, 6, 13; Code, 1876, § 3867; 1 Erick. Dig. p. 675, § 512; Parnph.
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Appeal from Calhoun Chancery Court. Heard before Hon. N. S. Graham. The case made by the record is stated in the opinion. (1) The jurisdiction of the City Court of Selma, and the powers and authority of the judge thereof, in the matter of issuing remedial writs, are limited to the county of Dallas. This point discussed, and the following citations made and commented on; Con. of 1875, Art. vi, §§ 2, 6, 13; Code, 1876, § 3867; 1 Erick. Dig. p. 675, § 512; Parnph. Acts, 1875-6, p. 386. (2) A court of equity should not interfere by injunction, where the right is doubtful, or the investigation by…
1Opinion of the Court
BRICKELL, O. J.
The case comes before the court on appeal from a decree of the chancellor rendered in vacation, upon a motion made, on bill and answer, for the dissolution of a temporary injunction, restraining the apjjellants from the continuance of the construction of a railway on lands claimed by tire appellee as part of its own right of way. The temporary injunction was granted by the judge of the City Court of Selma, the bill being filed, and the lands situate in Calhoun county.
The first ground for the motion, now pressed in argument, is, that the judge of the City Court of Selma has not…
2Cases cited8 opinions
- Ex parte RoundtreeSupreme Court of Alabama · 1874
- Chambers v. Alabama Iron Co.Supreme Court of Alabama · 1880
- Nugent v. StateSupreme Court of Alabama · 1850
- Jones v. EwingSupreme Court of Alabama · 1876
- Western Maryland Rail Road v. OwingsCourt of Appeals of Maryland · 1860
3 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Unzicker v. StateSupreme Court of Alabama · 1977
- Columbus & Western Railway Co. v. WitherowSupreme Court of Alabama · 1886
- Madison v. Ducktown Sulphur, Copper & Iron Co.Tennessee Supreme Court · 1904
- Engelhardt v. JenkinsSupreme Court of Alabama · 1962
- Highland Avenue & Belt Railroad v. MatthewsSupreme Court of Alabama · 1892
46 more not listed; retrieve them via the Exa API.