Mabel Mining Co. v. Pearson Coal & Iron Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs.-' The bill in this case was by Pearson Coal & Iron Co. for injunction and relief. . The injunction prayed for was granted and motion was made by the defendants to dissolve it. This motion was denied and from the decree overruling it this appeal is taken.
Read the full summary
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs.-' The bill in this case was by Pearson Coal & Iron Co. for injunction and relief. . The injunction prayed for was granted and motion was made by the defendants to dissolve it. This motion was denied and from the decree overruling it this appeal is taken. (1). Allegations in the answer that are responsive to the bill although of an affirmative character may be considered on motion to dissolve an injunction. — Cornelius v. Post, 9 N. Y. Eq. 196; Farris & McCurdy v. Houston, 73 Ala. 250; Buchanan v. Buchanan, 72…
1Opinion of the CourtDowdell, J.
— This appeal is taken from the decree of the chancellor overruling a motion by appellant to dissolve the temporary injunction granted in the cause. The allegations of the bill are to the effect, that the complainant and defendant, both private corporations, are adjacent owners of certain described mineral lands; that the defendant company, without the consent and authority and against the protest of the complainant company, is trespassing upon the lands of complainant and with a large force of men is mining and taking coal therefrom; that the same is being done in such a manner as to throw…
2Cases cited7 opinions
- Chambers v. Alabama Iron Co.Supreme Court of Alabama · 1880
- Columbus & Western Railway Co. v. WitherowSupreme Court of Alabama · 1886
- Farris v. HoustonSupreme Court of Alabama · 1884
- Harrison v. YerbySupreme Court of Alabama · 1888
- Turner v. StephensSupreme Court of Alabama · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Jackson v. SnodgrassSupreme Court of Alabama · 1903
- Niehaus & Co. v. CookeSupreme Court of Alabama · 1901
- American Ice & Industries Co. v. CraneSupreme Court of Alabama · 1904
- Francis v. Gilreath C. & I. Co.Supreme Court of Alabama · 1912
- Rothschild & Co. v. Steger & Sons Piano Manufacturing Co.Appellate Court of Illinois · 1912