Lauderdale v. McAllister
Supreme Court of Alabama
Appeal from Coosa Chancery Court. Heard before Hon. W. W. Whiteside. Bill by A. McAllister against Robert Lauderdale for an injunction to restrain the diversion of water. Prom a decree overruling á motion to dissolve, defendant appeals.
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Appeal from Coosa Chancery Court. Heard before Hon. W. W. Whiteside. Bill by A. McAllister against Robert Lauderdale for an injunction to restrain the diversion of water. Prom a decree overruling á motion to dissolve, defendant appeals. The case made by the bill is that complainant was the owner in fee and in actual possession of certain described land; that the northwestern part of said land is bounded by a branch or ditch through which the branch runs, that the branch is furnished by two-springs lying east of said lands, and that the springs have furnished a continual flow of water at all…
1Opinion of the Court
ANDERSON, C. J.—
(1, 2) The affidavit to the bill is not sufficient to support a temporary injunction, but this is a mere irregularity which should not work a discharge of the injunction until opportunity is given to amend the affidavit. — Woodward v. State, 173 Ala. 7, 55 South. 506, and cases there cited. The chancellor erred in not holding the affidavit insufficient, with, a conditional decree that the injunction should be dissolved upon a failure of the complainant to- perfect the same within a fixed time.(3) Although the bill shows cause for injunctive relief, if the sworn answer denies…
2Cases cited4 opinions
- Woodward v. StateSupreme Court of Alabama · 1911
- Hall v. Atlanta, B. & A. R. R. Co.Supreme Court of Alabama · 1908
- Gilreath v. Carbon Hill & L. C. Coal Co.Supreme Court of Alabama · 1908
- Weeks v. BynumSupreme Court of Alabama · 1909
3Cited by4 opinions
- Brown v. Mobile Electric Co.Supreme Court of Alabama · 1921
- Willowbrook Country Club, Inc. v. FerrellSupreme Court of Alabama · 1970
- Stout v. ThomasSupreme Court of Alabama · 1930
- Lauderdale v. SelmanSupreme Court of Alabama · 1915