Opinion

Phenix City v. County Board of Education

  • 214 Ala. 432
  • 108 So. 589
  • 1926 Ala. LEXIS 126
Court
Supreme Court of Alabama
Filed
Apr 15, 1926
Status
Published
Author
Gardner
On the bench
Gardner, Anderson, Sayre, Miller
Cited by
1 cases
Authority
More cited than 63.3%

The opinion

GARDNER, J.

This bill was filed seeking injunctive relief pending appeal from judgment of the circuit court denying the issuance of a writ of mandamus. 22 Cyc. 825. The temporary injunction was dissolved, and from such decree this appeal is prosecuted.

A consideration of the equity of the bill may be pretermitted. The mandamus case has this day been decided adversely to appellant (State ex rel. Eugene L. King et al. v. County Board of Education of Russell County [Ala. Sup.] 108 So. 588

1

), and, very'clearly, the chancellor will not be put in error under these circumstances for dissolving the injunction (Donovan v. McCord, 204 Ala. 292 , 85 So. 262 ). Its dissolution seems also to have been justified by the answer and proof offered on the hearing.

Let the decree be affirmed.

Affirmed.

ANDERSON, C. J., and SAYRE and MILLER, JJ., concur.

1

Post, p. 620.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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