Anniston & Cincinnati Railroad v. Jacksonville, Gadsden Attalla Railroad
Supreme Court of Alabama
Appeal from the Chancery Court of Calhoun. Heard before the Hon. B. K. McSpadden. The appeal in this case is taken from a decretal order overruling a motion, to dissolve an injunction, both for want of equity in the bill, and on the denials of the answer; and said decree is here assigned as error.
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Appeal from the Chancery Court of Calhoun. Heard before the Hon. B. K. McSpadden. The appeal in this case is taken from a decretal order overruling a motion, to dissolve an injunction, both for want of equity in the bill, and on the denials of the answer; and said decree is here assigned as error. The opinion states the material allegations of the bill. — The bill presents the case of two railroad companies, each organized under the general statutes for the purpose of building a railroad through the same country, contending about a gap through the mountains, which is shown to be the only…
1Opinion of the CourtStone, C. J.
— The present controversy is between two railroad corporations, each chartered under the general statutes of the State,-and having only the powers therein conferred. — Code of 1876, Art. 2, chap. 1, tit. 1, Part 2, commencing with section 1821. The complainant corporation, appellee, avers that it has acquired and owns a right of way, grading, and embankment, over and across certain tracts ox-parcels of land, describing them by government survey numbers, and is in the actual possession thereof. The' bill further charges, that the appellant corporation has entex-ed upon certain named parts of…
2Cases cited14 opinions
- The West River Bridge Company v. DIXSupreme Court of the United States · 1848
- Matter of Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Richmond, Fredericksburg & Potomac Railroad v. Louisa RailroadSupreme Court of the United States · 1852
- East & West Railroad Co. of Alabama v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Alabama · 1883
- In Re Rochester Water Commissioners to Acquire Lands of Rochester Water Co.New York Court of Appeals · 1876
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Butte, Anaconda & Pacific Railway Co. v. Montana Union Railway Co.Montana Supreme Court · 1895
- Ala. Gt. Southern R. R. v. South & North Ala. R. R.Supreme Court of Alabama · 1887
- Louisville & Nashville R. R. v. Western Union Telegraph Co.Supreme Court of Alabama · 1915
- Mobile & Girard Railroad v. Ala. Midland Railway Co.Supreme Court of Alabama · 1888
- Mobile & Ohio Railroad v. Postal Telegraph Cable Co.Supreme Court of Alabama · 1897
6 more not listed; retrieve them via the Exa API.