Forcheimer & Co. v. Port of Mobile
Supreme Court of Alabama
Appeal from Chancery Court of Mobile! Heard before the Hon. Thomas W. Coleman. Complainants, and appellants, wbo are wholesale merchants and warehousemen in the Port of Mobile, and do business on and near the street upon which the railroad track runs, sought to enjoin the enforcement of a municipal ordinance prohibiting the loading and unloading of cars in the public streets o£ Mobile. The ordinance is that discussed in the case of the .Pori of Mobile v. L. & N. Ji.
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Appeal from Chancery Court of Mobile! Heard before the Hon. Thomas W. Coleman. Complainants, and appellants, wbo are wholesale merchants and warehousemen in the Port of Mobile, and do business on and near the street upon which the railroad track runs, sought to enjoin the enforcement of a municipal ordinance prohibiting the loading and unloading of cars in the public streets o£ Mobile. The ordinance is that discussed in the case of the .Pori of Mobile v. L. & N. Ji. R. Co. just preceding this, and in which at the suit of the R. R. Co., enforcement thereof was enjoined.
1Opinion of the CourtSomeeville, J.
Under the principles settled in The Port of Mobile v. The Louisville & Nashville Railroad Co., decided at the present term, and the case of Burnett v. Craig, 30 Ala. 135; s. c. 68 Amer. Dec. 115, the facts stated in the complainants’ bill do not present a case of irreparable damage threatened by the enforcement of the municipal ordinance sought to be enjoined, and no question being involved as to the protection of a franchise, the decree of the chancellor must be affirmed. Before the injunctive aid of a chancery court can be successfully invoked in this case, the complainants must first…
2Cases cited1 opinion
- Burnett v. CraigSupreme Court of Alabama · 1857
3Cited by8 opinions
- Board of Commissioners v. Orr.Supreme Court of Alabama · 1913
- Brown v. Mayor of BirminghamSupreme Court of Alabama · 1903
- City of Lynchburg v. PetersSupreme Court of Virginia · 1926
- City of Bessemer v. Bessemer City Water WorksSupreme Court of Alabama · 1907
- Town of Orange City v. ThayerSupreme Court of Florida · 1903
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