Fleming v. Montgomery Light Co.
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Heard before the Hon. T. M. Arrington. The purpose of the bill and the facts as disclosed in the transcript are sufficiently stated in the opinion.
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Appeal from the City Court of Montgomery. Heard before the Hon. T. M. Arrington. The purpose of the bill and the facts as disclosed in the transcript are sufficiently stated in the opinion. Upon the cause being submitted for decree on demurrer and motion to dismiss the bill for want of equity, and a motion to dissolve the injunction, previously granted, for the want of equity, the chancellor found that there was no equity in the bill and decreed that the injunction be “dissolved and the bill dismissed. An appeal is taken from this decree, which is here assigned as error. Under the decision of…
1Opinion of the CourtColeman, J.
Appellant as complainant filed the present bill for the purpose of enjoining the respondent, the Montgomery Light Company, from removing its gas meter from the premises of complainant, and to enjoin the respondent “from refusing to furnish your orator gas.” Complainant’s rights are very clearly set forth in the bill and grow out of an agreement entered into in the year 1852 between the City of Montgomery and the John Jeffrey Company, by the terms of which the exclusive right and privilege of manufacturing and supplying gas for a period of fifty years for. the city, of Montgomery and its…
2Cases cited1 opinion
- Williams v. Mutual Gas Co.Michigan Supreme Court · 1884
3Cited by1 opinion
- Montgomery L. & W. P. Co. v. WattsSupreme Court of Alabama · 1910