Old Dominion Telegraph Co. v. Powers
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hou. Thomas H. Smith. The bill in this case ivas filed by the appellant, the Old Dominion Telegraph Company, a corporation, against the appellees, John F. Powers, as sheriff of Mobile county, several of his deputy sheriffs, the solicitor of Mobile county, the mayor and general council of the city of Mobile, and the city attorney of the city of Mobile.
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Appeal from the Chancery Court of Mobile. Heard before the Hou. Thomas H. Smith. The bill in this case ivas filed by the appellant, the Old Dominion Telegraph Company, a corporation, against the appellees, John F. Powers, as sheriff of Mobile county, several of his deputy sheriffs, the solicitor of Mobile county, the mayor and general council of the city of Mobile, and the city attorney of the city of Mobile. It was averred in the bill that the complainant was a telegraph company organized under the laws of the State of Virginia and had complied with the constitutional and statutory…
1Opinion of the CourtDowdell, J.
The hill in this case is filed against State and municipal officers. Its sole purpose is to enjoin criminal prosecutions instituted by the respondents against the complainant and its agents under section 4810-11 of the Code.
The court of equity has no jurisdiction or power to interfere to arrest the authorities charged with the execution of the criminal law, whether it pertains to the State at large, or to the municipalities, which are agencies in the administration of civil government. The want of authority and jurisdiction of the chancery court to restrain criminal prosecutions by injunction…
2Cases cited8 opinions
- In Re SawyerSupreme Court of the United States · 1888
- Fitts v. McGheeSupreme Court of the United States · 1899
- Davis v. American Society for Prevention of Cruelty to AnimalsNew York Court of Appeals · 1878
- Port of Mobile v. Louisville & Nashville RailroadSupreme Court of Alabama · 1887
- Moses v. Mayor of MobileSupreme Court of Alabama · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Walker v. City of BirminghamSupreme Court of the United States · 1967
- Board of Revenue v. MerrillSupreme Court of Alabama · 1915
- Board of Commissioners v. Orr.Supreme Court of Alabama · 1913
- Blount v. Sixteenth St. Baptist ChurchSupreme Court of Alabama · 1921
- City of Bessemer v. Bessemer City Water WorksSupreme Court of Alabama · 1907
15 more not listed; retrieve them via the Exa API.