Forcheimer & Co. v. Port of Mobile
This text of 84 Ala. 126 (Forcheimer & Co. v. Port of Mobile) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Under the principles settled in The Port of Mobile v. The Louisville & Nashville Railroad Co., decided at the present term, and the case of Burnett v. Craig, 30 Ala. 135; s. c. 68 Amer. Dec. 115, the facts stated in the complainants’ bill do not present a case of irreparable damage threatened by the enforcement of the municipal ordinance sought to be enjoined, and no question being involved as to the protection of a franchise, the decree of the chancellor must be affirmed. Before the injunctive aid of a chancery court can be successfully invoked in this case, the complainants must first establish the invalidity of the ordinance in question by judgment of a court of law. Their remedy at law is not shown to be inadequate.
Affirmed.
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84 Ala. 126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forcheimer-co-v-port-of-mobile-ala-1887.