Dimmick v. Stokes
Supreme Court of Alabama
Appeal from Montgomery Chancery Court. Heard before Hon. W. L. Parks. Bill by M. C. Stokes against J. W. Dimmick and others. Prom a judgment in favor of plaintiff, defendants appeal. This is a bill exhibited by Matthew C. Stokes against Albert P. Wilson, J. W. Dimmick, and J. P. Dimmick, seeking an injunction to restrain Albert P. Wilson from acting as president of the Alabama Central Railroad, or as director, or in any way interfering with the corporation or its affairs.
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Appeal from Montgomery Chancery Court. Heard before Hon. W. L. Parks. Bill by M. C. Stokes against J. W. Dimmick and others. Prom a judgment in favor of plaintiff, defendants appeal. This is a bill exhibited by Matthew C. Stokes against Albert P. Wilson, J. W. Dimmick, and J. P. Dimmick, seeking an injunction to restrain Albert P. Wilson from acting as president of the Alabama Central Railroad, or as director, or in any way interfering with the corporation or its affairs. It also prays that the three above-named defendants be enjoined and restrained from holding a meeting of the stockholders…
1Opinion of the CourtAnderson, J.
The bill seeks to specifically enforce a certain contract made between complainant and J. W. Dimmick, and which provides for the employment of Stokes as the general manager of the company. Conceding that such a contract would be binding on the, company, which we need not decide, that clause of same will not support a bill for specific performance. Our court, in defining the class of contracts that can be specifically enforced in equity in the case of Irwin v. Bailey, 72 Ala. 467, says: “There is no class of cases to which the jurisdiction of a court of equity extends that the maxim, ‘He who…
2Cases cited1 opinion
- Irwin v. BaileySupreme Court of Alabama · 1882
3Cited by9 opinions
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Stewart v. WhiteSupreme Court of Alabama · 1914
- Ex Parte Jim Dandy CompanySupreme Court of Alabama · 1970
- Black Diamond Coal Mining Co. v. Jones Coal Co.Supreme Court of Alabama · 1917
- George Moulton, Inc. v. LanganSupreme Court of Alabama · 1970
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