Louisville N. R. Co. v. Holmes
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County; Robert C. Brickell, Judge. Bill by the Louisville & Nashville Railroad Company against Pearl E. Holmes to enjoin the prosecution of suits in Alabama and Georgia alleged to have grown out of the same accident. Prom a decree- dissolving a temporary injunction dismissing the bill, complainant appeals. The bill has equity and is filed by the proper party. 250 U. S. 135, 39 Sup.
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Appeal from Circuit Court, Morgan County; Robert C. Brickell, Judge. Bill by the Louisville & Nashville Railroad Company against Pearl E. Holmes to enjoin the prosecution of suits in Alabama and Georgia alleged to have grown out of the same accident. Prom a decree- dissolving a temporary injunction dismissing the bill, complainant appeals. The bill has equity and is filed by the proper party. 250 U. S. 135, 39 Sup. Ct. 502, 63 L. Ed. 897; Crim v. L. & N. R. I. Co., ante, p. 110, 89 South. 376; L. & N. v. Heidt Mueller (D. ,C.) 254 Ped. 749; (D. C.) 250 Ped. 280; (D. C.) 253 Ped. 676; Gen.…
1DissentThomas, J.
The appeal is from a decree dissolving injunction, sustaining demurrers, and dismissing the bill of the Louisville & Nashville Railroad Company v. Pearl P. Holmes, the plaintiff in suits filed in Georgia and Alabama, respectively, for one alleged injury occurring in this state.
The suit in the superior court of Pulton county, Ga., filed February 19, 191S, was returnable May 6th of that year. That in the circuit court of Morgan county, Ala., was of date June 26-, 1918, and judgment therein for plaintiff was affirmed by this Court on November 25, 1920. L. & N. R. Co. v. Holmes, 205 Ala. 47, 87…
2Cases cited37 opinions
- Den Ex Dem. Murray v. Hoboken Land & Improvement Co.Supreme Court of the United States · 1856
- Missouri Pacific Railroad v. AultSupreme Court of the United States · 1921
- Beers Ex Rel. Platenius v. ArkansasSupreme Court of the United States · 1858
- Finn v. United StatesSupreme Court of the United States · 1887
- Moran v. SturgesSupreme Court of the United States · 1894
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