Ex parte Sayre
Supreme Court of Alabama
PETITION by-H. A. Sayre,B. B. Snodgrass and S. M. Levin, as trustees appointed in a deed of assignment executed by Moses Brothers, for a mandamus directed to Hon. Thomas Cobbs, presiding in the Chancery Court of Colbert county, requiring him to vacate an order discharging an injunction in vacation, under the facts stated in the opinion. cited High on Injunctions, § 1583; E. & W. Railway Go. v. E. T., Va. & Ga. Railroad Go., 75 Ala. 278; Jones v. Eioing, 56 Ala. 360; 3 Brick.
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PETITION by-H. A. Sayre,B. B. Snodgrass and S. M. Levin, as trustees appointed in a deed of assignment executed by Moses Brothers, for a mandamus directed to Hon. Thomas Cobbs, presiding in the Chancery Court of Colbert county, requiring him to vacate an order discharging an injunction in vacation, under the facts stated in the opinion. cited High on Injunctions, § 1583; E. & W. Railway Go. v. E. T., Va. & Ga. Railroad Go., 75 Ala. 278; Jones v. Eioing, 56 Ala. 360; 3 Brick. Digest, 626, § 31.
1Opinion of the CourtColeman, J.
A bill was brought by the petitioners as assignees of Moses Bros, and the individual members of the firm, for the purpose of restraining the defendant, A. H. Kel-lar, from selling certain real estate under a power of sale contained in a mortgage executed to him by M. L. Moses. The order for a provisional injunction was made by the judge of the City Court of Montgomery before the filing of the bill, but the writ of injunction did not issue until after the bill was filed. The defendant, after answering, made a motion to dissolve the injunction on the following grounds: first, that the answer…
2Cases cited7 opinions
- Jones v. EwingSupreme Court of Alabama · 1876
- Waffle v. VanderheydenNew York Court of Chancery · 1839
- Davis v. ReedCourt of Appeals of Maryland · 1859
- Heyman & Co. v. LandersCalifornia Supreme Court · 1859
- Clark v. HeadSupreme Court of Alabama · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Ex parte CampbellSupreme Court of Alabama · 1900
- Morris v. SartainSupreme Court of Alabama · 1932
- Acker v. GreenSupreme Court of Alabama · 1927
- Anders v. FowlerSupreme Court of Alabama · 1982
- Burch v. BurchSupreme Court of Alabama · 1936
8 more not listed; retrieve them via the Exa API.