Cave v. Webb
Supreme Court of Alabama
Appeal from the Chancery Court of DeKalb. Heard before the Hon. David G. LigoN. This bill was filed by the plaintiff in error against George W. Webb, Clement G. Lanier, Dent Lamar and others, to obtain an injunction against a judgment at law.
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Appeal from the Chancery Court of DeKalb. Heard before the Hon. David G. LigoN. This bill was filed by the plaintiff in error against George W. Webb, Clement G. Lanier, Dent Lamar and others, to obtain an injunction against a judgment at law. An injunction was awarded on tbe filing of tbe bill; and after the answers came in, the cause was submitted to tbe Chancellor, on motion to dismiss tbe bill for want of equity, or, if tbis motion was overruled, to dissolve tbe injunction on tbe bill and answers. The Chancellor beld, that the bill contained equity, but dissolved the injunction; and the…
1Opinion of the CourtChilton, C. J.
We have uniformly held, that if a bill contained no equity, it was good ground for dissolving an injunction, and this even in vacation, if an answer was filed. Nelson et al. v. Dunn et al., 15 Ala. Rep. 512. So, also, it is the settled rule, that when this court 'is called upon to revise the action of the primary court, it reverses, affirms, or modifies the judgment or decree of such primary court, without regard to the reasons upon which such judgment or decree may be predicated, except so far as such reasons may serve to aid us in forming just views respecting the correctness of the…
2Cases cited2 opinions
- Donelson's Adm'rs v. PoseySupreme Court of Alabama · 1848
- McKinley v. WinstonSupreme Court of Alabama · 1851
3Cited by7 opinions
- Chambers v. Alabama Iron Co.Supreme Court of Alabama · 1880
- Gafford v. Proskauer & Co.Supreme Court of Alabama · 1877
- Watts & Son v. SayreSupreme Court of Alabama · 1884
- Ford v. Southern Motor Co.Supreme Court of Alabama · 1922
- Yonge v. ShepperdSupreme Court of Alabama · 1870
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