Legal Opinion

Tramp v. McDonnell

Supreme Court of Alabama

Decided November 15, 1895PublishedCited by 9 opinions

Appeal from the Chancery Court of Madison. Heard before the Hon. Thomas' Cobbs. The bill in this case was filed by the appellant, Eugene Trump, against Archie McDonnell, Jr., the appellee. The purpose pf the bill, and the ’facts necessary for an understanding of the opinion on the present appeal are sufficiently stated in the opinion.

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Appeal from the Chancery Court of Madison. Heard before the Hon. Thomas' Cobbs. The bill in this case was filed by the appellant, Eugene Trump, against Archie McDonnell, Jr., the appellee. The purpose pf the bill, and the ’facts necessary for an understanding of the opinion on the present appeal are sufficiently stated in the opinion. Upon the submission of the cause,' the- chancellor rendered the following decree : ‘ ‘This cause coming on to be heard was submitted in term time on the pleadings and the evidence, and was argued by counsel; and the evidence being voluminous, the court held up…

1Opinion of the CourtHead, J.

The purpose of the bill was to protect and establish an alleged private right of way, which the appellant claims over the land of the appellee, and which leads from appellant’s house to theTriana pike, a public road in the vicinity. The bill alleged that the appellee was about to obstruct the way, by building a fence across it; and a preliminary injunction was sought and ob*258tained at the institution of the suit, restraining such obstruction. The bill also prayed that the injunction be made perpetual and for general relief. The case was put at issue by answer, testimony was taken, and the cause…

2Cases cited6 opinions

  1. Nininger v. NorwoodSupreme Court of Alabama · 1882
  2. Stein v. BurdenSupreme Court of Alabama · 1854
  3. Wright & Rice v. MooreSupreme Court of Alabama · 1863
  4. Thomas & Co. v. WooldridgeSupreme Court of the United States · 1875
  5. Moses v. The MayorSupreme Court of the United States · 1873

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Francis v. ScottSupreme Court of Alabama · 1954
  2. Gordon v. Central Park Little Boys LeagueSupreme Court of Alabama · 1960
  3. Minge v. SmithSupreme Court of Alabama · 1921
  4. State v. Seminole Bottling Co.Supreme Court of Alabama · 1938
  5. Hill v. HillSupreme Court of Alabama · 1924

4 more not listed; retrieve them via the Exa API.

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