Coley v. English
Supreme Court of Alabama
Appeal from Circuit Court, Monroe County; John D. Lee, Judge. Bill by Frederick I. Coley against Arthur M. English, Jr., and others, to enjoin them, their agents and employees, from cutting and removing or from committing any other depredations upon any of the timber situated upon the lands described in the deed of the Englishes to John J. King, of December 25, 1905, pending the determination of a bill by complainant for the specific performance by the Englishes of their…
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Appeal from Circuit Court, Monroe County; John D. Lee, Judge. Bill by Frederick I. Coley against Arthur M. English, Jr., and others, to enjoin them, their agents and employees, from cutting and removing or from committing any other depredations upon any of the timber situated upon the lands described in the deed of the Englishes to John J. King, of December 25, 1905, pending the determination of a bill by complainant for the specific performance by the Englishes of their contract to convey said land to complainant, which is now pending in this court. From a decree dissolving the temporary…
1Opinion of the Court
1 McCLELLAN, j.
This appeal is from a decree sustaining demurrer to the bill filed by appellant against appellees, and also bringing up for review the action of the court in that decree in dissolving — on motion to dissolve for want of equity in the bill — a temporary injunction issued upon the filing of the bill. The primary, if not sole, object of this particular bill was to secure a temporary injunction to prevent the cutting and removal of timber.
[1j A bill without equity will not support an injunction of any character. McHan v. McMurry, 173 Ala. 182, 187, 55 South. 793; Pearson v. Duncan,…
2Cases cited11 opinions
- C. W. Zimmerman Mnfg. Co. v. DaffinSupreme Court of Alabama · 1906
- Hamilton v. Alabama Power Co.Supreme Court of Alabama · 1915
- Heflin v. BinghamSupreme Court of Alabama · 1876
- Shepard v. Mount Vernon Lumber Co.Supreme Court of Alabama · 1915
- McHan v. McMurrySupreme Court of Alabama · 1911
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hinson v. NaugherSupreme Court of Alabama · 1922
- Board of Water and Sewer Com'rs of Mobile v. SpriggsSupreme Court of Alabama · 1962