Burnett v. Craig
Supreme Court of Alabama
Appeal from tibe Chancery Court of Dallas. Heard before the Hon. James B. Clabe. This bill was filed by the appellant, against the inten-dant and members of the town council of Cahaba; alleging, that said town council, in January, 1855, passed an ordinance fixing the price of a license for retailing within the corporate limits of Cahaba at $1,000, and re-adopted the same ordinance in January, 1856; that complainant, having procured a State license for retailing, and being…
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Appeal from tibe Chancery Court of Dallas. Heard before the Hon. James B. Clabe. This bill was filed by the appellant, against the inten-dant and members of the town council of Cahaba; alleging, that said town council, in January, 1855, passed an ordinance fixing the price of a license for retailing within the corporate limits of Cahaba at $1,000, and re-adopted the same ordinance in January, 1856; that complainant, having procured a State license for retailing, and being advised by his attorneys that said ordinance was illegal and void, opened a grocery in Cahaba, early in 1856, and retailed…
1Opinion of the CourtStone, J.
The authorities most favorable to the equity of this bill are principally collected in Story’s Equity, vol. 2, §§ 928-9. The commentator says, “It (an injunction) is now granted, in all cases of timber, coals, ores and quarries, where the party is a mere trespasser.” Ch. Kent, in Livingston v. Livingston, held, that where a party in possession, under claim of right, was proceeding to cut down timber, it was proper to restrain him by injunction, until the right was determined; because, in such case, if the occupant should be shown to have no-right, the injury would be irreparable. — 6 Johns.…
2Cases cited9 opinions
- Brandreth v. LanceNew York Court of Chancery · 1839
- Livingston v. LivingstonNew York Court of Chancery · 1822
- Marriott v. GivensSupreme Court of Alabama · 1845
- Rosser v. RandolphSupreme Court of Alabama · 1838
- Montgomery & W. P. R. R. Co. v. WaltonSupreme Court of Alabama · 1848
4 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Port of Mobile v. Louisville & Nashville RailroadSupreme Court of Alabama · 1887
- Cullman Property Co. v. H. H. Hitt Lumber Co.Supreme Court of Alabama · 1917
- Paulk v. Mayor of SycamoreSupreme Court of Georgia · 1898
- State Ex Relator McNamara v. ClarkCourt of Criminal Appeals of Texas · 1915
- Moses v. Mayor of MobileSupreme Court of Alabama · 1875
20 more not listed; retrieve them via the Exa API.