Chambers v. Alabama Iron Co.
Supreme Court of Alabama
BUI in Equity for Specific Performance of Mining Contract, and to Enjoin Violations of it. Appeal from Talladega Chancery Court. Heard before Hon. N. Smith Graham. This was a bill in chancery, filed May 31st, 1880, by the Alabama Iron Company against Henry Heine and George W. Chambers.
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BUI in Equity for Specific Performance of Mining Contract, and to Enjoin Violations of it. Appeal from Talladega Chancery Court. Heard before Hon. N. Smith Graham. This was a bill in chancery, filed May 31st, 1880, by the Alabama Iron Company against Henry Heine and George W. Chambers. After the answers of the respondents to the bill were filed, they moved to dissolve an ¡injunction which had been granted on the filing of the bill, and this motion was submitted in vacation for a decree. The Chancellor refused the motion, and retained the injunction, and his decree is assigned as error. The…
1Opinion of the Court
BBIOKELL, C. J.'
— We do not concur in the view of counsel for the appellants that the equity of the bill is addressed to the jurisdiction of the court to stay waste, or to restrain trespasses on land, or for the prevention of irreparable mischief. It is rather a bill for the specific.performance of the contract entered into by Heine with the appellee, and to restrain violations thereof for which the law furnishes no adequate remedy. The injunction is merely ancillary, and is necessary to the main design and full relief, if there is a contract the court will enforce specifically. It is…
2Cases cited7 opinions
- Nelson & Hatch v. DunnSupreme Court of Alabama · 1849
- Riddle v. BrownSupreme Court of Alabama · 1852
- Brewer v. BrewerSupreme Court of Alabama · 1851
- Randall v. LathamSupreme Court of Connecticut · 1869
- Bibb v. ShackelfordSupreme Court of Alabama · 1863
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3Cited by35 opinions
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Mudd v. LanierSupreme Court of Alabama · 1945
- Holcomb v. ForsythSupreme Court of Alabama · 1927
- East & West Railroad Co. of Alabama v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Alabama · 1883
- Hulbert v. California Etc. Cement Co.California Supreme Court · 1911
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