People's Bank v. Lenoir
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Claude A. Grayson, Judge. Bill by the People’s .Bazik of Mobile against J. B. Lenoir and the members composing the firm of the Lenoir Machinery & Wrecking Company, the Walsh Stevedoring & Contracting Company, the Alabama Euel & Iron Company, Adam Glass & Co., and Palmer Pillans, to "enjoin the collection of certain judgments, to substitute certain money for a barge, and to foreclose a mortgage.
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Appeal from Circuit Court, Mobile County; Claude A. Grayson, Judge. Bill by the People’s .Bazik of Mobile against J. B. Lenoir and the members composing the firm of the Lenoir Machinery & Wrecking Company, the Walsh Stevedoring & Contracting Company, the Alabama Euel & Iron Company, Adam Glass & Co., and Palmer Pillans, to "enjoin the collection of certain judgments, to substitute certain money for a barge, and to foreclose a mortgage. Erom a decree dissolving the temporary injunction, because of want of equity in the bill, complainant appeals. Jernigan had no more than a mere equity of…
1Opinion of the Court
McCLELLAN, j.
[1] This appeal is from an order or decree granting motion to dissolve an injunction restraining the movant, Alabama Fuel & Iron Company, from proceeding, through legal processes in a court of law, to enforce the satisfaction of a judgment obtained by the movant against its creditor, the Lenoir Machinery & Wrecking Company, and the individuals composing it, one of whom is James W. Jernigan. Among the grounds of the motion was that the bill as last amended was without equity. A bill without equity will not support an injunction. McHan v. McMurry, 173 Ala. 182, 187, 55 South. 793;…
2Cases cited5 opinions
- Hamilton v. Alabama Power Co.Supreme Court of Alabama · 1915
- McHan v. McMurrySupreme Court of Alabama · 1911
- Pearson v. DuncanSupreme Court of Alabama · 1916
- Diamond Rubber Co. v. Fourth National BankSupreme Court of Alabama · 1911
- Watson v. Carolina Portland Cement Co.Mississippi Supreme Court · 1908
3Cited by1 opinion
- Brotherhood of Locomotive Firemen & Enginemen v. HammettSupreme Court of Alabama · 1962