Legal Opinion
Ferguson v. Commercial Bank
Supreme Court of Alabama
Decided February 15, 1991No. 89-1288Published
1Opinion of the Court
578 So.2d 1234 (1991)
Robert Myles FERGUSON and Nettie Mae Ferguson
v.
The COMMERCIAL BANK, et al.
89-1288.
Supreme Court of Alabama.
February 15, 1991.
Rehearing Denied April 5, 1991.
James Harvey Tipler of Tipler & Tipler, Andalusia, for appellants.
Christopher Lyle McIlwain of Hubbard, Waldrop, Reynolds, Davis & McIlwain, Tuscaloosa, for appellees.
SHORES, Justice.
This case presents the question whether an application for a temporary restraining order that was dismissed as moot was a judgment on the merits so as to bar a subsequent action under the doctrine of res judicata. We hold that it was not,…
Also in this document: Concurrence.
2Cases cited25 opinions
- Link v. Wabash RailroadSupreme Court of the United States · 1962
- Costello v. United StatesSupreme Court of the United States · 1961
- Wheeler v. First Ala. Bk. of BirminghamSupreme Court of Alabama · 1978
- Dominex, Inc. v. KeySupreme Court of Alabama · 1984
- Saylor v. LindsleyCourt of Appeals for the Second Circuit · 1968
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