Howle v. City of Birmingham

(after stating the facts)..

The renewal of the application for temporary injunction was not authorized by section 8295 of the Code 1923, after it had been denied by the circuit court on hearing of the parties, and the order and fiat of the Presiding Judge of the Court of Appeals and the injunction issued in pursuance thereof were and' are void. Zimmern v. Southern Ry., 206 Ala. 69, 89 So. 171; Lee et al. v. City of Birmingham, 221 Ala. 419, 128 So. 902.

Therefore the above-mentioned order did not supersede and vacate the order of the circuit court denying the application, and that order is…