Alderman & Sons Co. v. Wilson
Supreme Court of South Carolina
Before .Purdy, J., Florence, August, 1903. Action by D. W. Alderman & Sons Co. against Thomas - Wilson. From order granting temporary injunction, defendant appeals. cite: As to when the equity for an injunction attaches: Adam’s Eq., 497; 17 S. C., 411; Rice Ch., 80; High on Inj., secs. 4, 7, 9, 10, 13, 15; 1 Dill. C. C., 469. Complaint does not state a case warrant-' ing equitable interference: High on Inj., secs. 35, 37; Wood.
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Before .Purdy, J., Florence, August, 1903. Action by D. W. Alderman & Sons Co. against Thomas - Wilson. From order granting temporary injunction, defendant appeals. cite: As to when the equity for an injunction attaches: Adam’s Eq., 497; 17 S. C., 411; Rice Ch., 80; High on Inj., secs. 4, 7, 9, 10, 13, 15; 1 Dill. C. C., 469. Complaint does not state a case warrant-' ing equitable interference: High on Inj., secs. 35, 37; Wood. L. & T., sec. 227; 17 S. C., 411; Hellams v. Szmtser, 24 S. C.; Threait v. Brewer Co42 S. C.; Alston v. Limehouse, 60 S. C.; Lipscomb v. Littlejohn, 63 S. C. cite: As…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones
This is an appeal from an order of temporary injunction pendente lite, granted herein by Judge Purdy, August 18, 1903, restraining defendant from building or operating a railroad upon or across that part of the land described in the complaint, on which plaintiff has located its right of way, alleged in the complaint to be exclusive and prior to any right of defendant.
In his order granting the injunction, Judge Purdy said: “Under the law as I conceive it to be, if complaint shows a prima facie case for equitable interference, it is the…
2Cases cited6 opinions
- Alston v. LimehouseSupreme Court of South Carolina · 1901
- Ragsdale v. Southern Ry.Supreme Court of South Carolina · 1901
- Cudd v. CalvertSupreme Court of South Carolina · 1899
- Darlington Oil Co. v. Pee Dee Oil & Ice Co.Supreme Court of South Carolina · 1901
- Seabrook v. MostowitzSupreme Court of South Carolina · 1898
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- Transcontinental Gas Pipe Line Corp. v. PorterSupreme Court of South Carolina · 1969
- Marion County Lumber Co. v. Tilghman Lumber Co.Supreme Court of South Carolina · 1906
- Columbia Broadcasting System, Inc. v. Custom Recording Co.Supreme Court of South Carolina · 1972
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