Alabama, Tenn. & Northern Ry. Co. v. Aliceville Lumber Co.
Supreme Court of Alabama
Appeal from Pickens Chancery Court. Heard before Hon. ThoMas H. Smith. ■ Bill by the Alabama, Tennessee and Northern Railway Company against the Aliceville Lumber Company and others, to enjoin actions at law, with cross-bill by respondent. From a final decree for respondents complainant appeals. The final decree directed to be set out is as follows: There are two systems under which an issue is had out of chancery.
Read the full summary
Appeal from Pickens Chancery Court. Heard before Hon. ThoMas H. Smith. ■ Bill by the Alabama, Tennessee and Northern Railway Company against the Aliceville Lumber Company and others, to enjoin actions at law, with cross-bill by respondent. From a final decree for respondents complainant appeals. The final decree directed to be set out is as follows: There are two systems under which an issue is had out of chancery. One given by statute, as in cases of contested wills, which is a matter of right to have such an issue (section 6207, Code 1907) ; the other where the court read the evidence and…
1Opinion of the CourtThomas, J.
In the latter part of the night of October 9, or early in the morning of October 10,-1909, the property involved *394in this suit was destroyed by fire. It consisted of a sawmill, plant, machinery, lumber, etc., situated near the railroad and depot of the Alabama, Tennessee & Northern Railway Company, in the town of Aliceville, Pickens county, Ala. At this time this property was in the possession of Joseph B. Cunningham and Andrew S. Murphy, partners doing business under the name of Aliceville Lumber Company, who claimed the same, and claimed to have been operating the plant on their partnership…
2Cases cited51 opinions
- Last Chance Mining Co. v. Tyler Mining Co.Supreme Court of the United States · 1895
- Hackett v. CashSupreme Court of Alabama · 1916
- Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
- Tribette v. Illinois Central RailroadMississippi Supreme Court · 1892
- Finney v. Studebaker Corp. of AmericaSupreme Court of Alabama · 1916
46 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Andrews v. GreySupreme Court of Alabama · 1917
- Ex Parte JacksonSupreme Court of Alabama · 1925
- Karter v. EastSupreme Court of Alabama · 1929
- Batson v. BatsonSupreme Court of Alabama · 1928
27 more not listed; retrieve them via the Exa API.