# Phenix City v. County Board of Education

> Supreme Court of Alabama · April 15, 1926 · 214 Ala. 432

URL: https://www.frixlaw.com/law-library/cases/3253221

## Case

- **Full name:** Phenix City v. County Board of Education.
- **Court:** Supreme Court of Alabama
- **Decided:** April 15, 1926
- **Citations:** 214 Ala. 432; 108 So. 589; 1926 Ala. LEXIS 126
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Gardner
- **Judges:** Gardner, Anderson, Sayre, Miller
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3253221

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3253221. Public record. Not legal advice.