Willowbrook Country Club, Inc. v. Ferrell

McCALL, Justice.

The appellees filed their bill of complaint in the Circuit Court of Madison County, Alabama, seeking a declaratory judgment in equity against the appellants and a temporary injunction in aid of their pending suit. The trial court granted the appellees a temporary injunction as prayed for without ordering that the matter be set down for a hearing as provided for in Tit. 7, § 1054, Code of Ala., 1940. There was no error in this procedure, because on presentment for fiat, the granting of a temporary injunction without a hearing ordinarily rests within the sound discretion of the…