Barr v. Collier
Supreme Court of Alabama
Appeal from Chancery Court of Pike. Heard before Hon. Adam C. Felder. The opinion states the facts.
1Opinion of the CourtBrickell, C. J.
On the coming in of an answer, in term 1 time or in vacation, the court may on motion dissolve an injunction, if the bill is wanting in equity, or, if the answer contains a full and complete denial of the allegations, on which the equity of the bill rests. — 1 Brick. Dig. 677, §§ 546-47-48. The motion to dissolve, therefore, involves two inquiries— first, the equity of the bill — ascertaining that it has equity, are the allegations on which the equity depends, denied by the answer. An affirmative answer to either of these inquiries, compels a dissolution of the injunction.
The allegations on…
Also in this document: Per curiam.
2Cases cited5 opinions
- Leavitt v. . De LaunyNew York Court of Appeals · 1850
- Bell v. HoganSupreme Court of Alabama · 1828
- Ellis v. BibbSupreme Court of Alabama · 1829
- Miller v. BatesSupreme Court of Alabama · 1860
- Ely v. M'ClungSupreme Court of Alabama · 1836
3Cited by5 opinions
- Stokes v. StokesSupreme Court of Alabama · 1924
- Home Building & Savings Ass'n v. ShotwellSupreme Court of Arkansas · 1931
- Huron Waterworks Co. v. City of HuronSouth Dakota Supreme Court · 1893
- Collier v. BarrSupreme Court of Alabama · 1879
- Hesse v. LedesmaDistrict Court, D. Puerto Rico · 1915