Cooper v. Anniston & Atlantic Railroad
Supreme Court of Alabama
Appeal from the Chancery Court of Calhoun. Heard before the Hon. S. K. MoSpadden. The bill in this case was filed on the 8th December, 1887, by O. W. Cooper and others, land-owners in the town of Anniston, against the Anniston & Atlantic Bailroad Company, a domestic corporation organized under the general statutes; and sought to enjoin the further prosecution by the defendant of proceedings for the condemnation of a right of way for its road through the complainants’ lands.
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Appeal from the Chancery Court of Calhoun. Heard before the Hon. S. K. MoSpadden. The bill in this case was filed on the 8th December, 1887, by O. W. Cooper and others, land-owners in the town of Anniston, against the Anniston & Atlantic Bailroad Company, a domestic corporation organized under the general statutes; and sought to enjoin the further prosecution by the defendant of proceedings for the condemnation of a right of way for its road through the complainants’ lands. The condemnation proceedings were commenced on the 27th September, 1887, by a petition addressed to the probate judge,…
1Opinion of the Court
STONE, O. J.
If any errors of law were committed in the condemnation proceedings alleged to have been had in this case, they should have been taken advantage of before the probate judge, or on the appeal to the Circuit Court, if they had not been waived by the course pursued in the primary trial. Such errors furnish no ground whatever for equitable interference. — Mills Em. Dom.,§ 323; Ewing v. City of St. Louis, 5 Wall. 413; Secombe v. Railroad Co., 23 Wall. 108.
Nor is there any thing in the objection, that having once obtained a right of way, the railroad company is bound to adhere to it,…
2Cases cited12 opinions
- Jones v. New Orleans & Selma RailroadSupreme Court of Alabama · 1881
- Secombe v. Railroad Co.Supreme Court of the United States · 1874
- Hooper v. Savannah & Memphis RailroadSupreme Court of Alabama · 1881
- Smith v. Chicago & Western Indiana RailroadIllinois Supreme Court · 1882
- New Orleans & Selma Railroad v. JonesSupreme Court of Alabama · 1880
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3Cited by7 opinions
- Florida Southern Railroad v. HillSupreme Court of Florida · 1898
- Hays v. Ingham-Burnett Lumber Co.Supreme Court of Alabama · 1928
- Parrish v. HastingsSupreme Court of Alabama · 1893
- Southern Railway Co. v. Birmingham, Selma & New Orleans Railway Co.Supreme Court of Alabama · 1900
- Mobile & Girard Railroad v. Ala. Midland Railway Co.Supreme Court of Alabama · 1888
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