Hendricks v. Hughes
Supreme Court of Alabama
Appeal from the City Court of Talladega, in Equity. Heard before the Hon. John W. Bishop. The bill in this case was filed by the appellant against the appellees.
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Appeal from the City Court of Talladega, in Equity. Heard before the Hon. John W. Bishop. The bill in this case was filed by the appellant against the appellees. The facts in the case are sufficiently stated in the opinion. :On a motion to dismiss a bill for want of equity, all amendable defects in the bill will be treated as amended. — Haynes v. Short, 88 Ala. 562 ; Schoke v. Steiner, 100 Ala. 149-; Glover v. Hembree, 82 Ala. 324. On motion to dissolve an injunction on the denials of the answer, affirmative matters of defense not responsive to the allegations of' the bill can not be…
1Opinion of the CourtColeman, J.
The complainant filed the present bill, the purpose of -which is to obtain an injunction, enjoining the respondent from erecting a certain gin-house, already begun and in course of construction at the time of the filing of the bill. On the 2d of September, 1895, the complainant and respondent entered into the following agreement, viz.: “This is to certify that an,agreement has this day been agreed upon between Peter Hughes and Joel Hendricks. Said Peter Hughes agrees to lease site for gin at Coldwater Mill, also water power to run said gin, and agrees to keep said water power in good running…
2Cases cited4 opinions
- South & North Ala. R. R. v. Highland Av. & Belt R. R.Supreme Court of Alabama · 1893
- Bienville Water Supply Co. v. City of MobileSupreme Court of Alabama · 1895
- Bridgeport Land & Improvement Co. v. American Fire-proof Steel Car Co.Supreme Court of Alabama · 1891
- Wingo v. HardySupreme Court of Alabama · 1891
3Cited by7 opinions
- Weller v. City of GadsdenSupreme Court of Alabama · 1904
- Bromberg v. Eugenotto Construction Co.Supreme Court of Alabama · 1908
- American Book Co. v. StateSupreme Court of Alabama · 1927
- Black Diamond Coal Mining Co. v. Jones Coal Co.Supreme Court of Alabama · 1917
- Solomon v. Wilmington Sewerage Co.Supreme Court of North Carolina · 1903
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