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233 Ala. 499

172 So 637

Fisher v. McDuff

Supreme Court of Alabama

Decided January 7, 1937

Supreme Court of Alabama · decided 1937-01-07

Relies on Higdon v. McDuff

Good law ✅— No negative treatment on recordhow we know

Decided 1937-01-07

How this case has been cited

Cited by 11 later decisions — most recently November 1953

11 state decisions

80193719401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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THOMAS, Justice.

¶1 This appeal is from a decree dissolving a temporary injunction “restraining and enjoining the said Fred H. McDuff, as Sheriff of Jefferson County, from in anywise interfering or molesting the complainant in the operation of his business or molesting or interfering in any way with the mint vending machines described in the bill of complaint,” and dismissing the bill as last amended.

¶2 The phase of this case, as to pleading required to bring the case within the exception expressly declared by section 2 of the statute (Gen. Acts 1931, p. 807, § 2), is disposed of in Higdon v. Fred H. McDuff, as Sheriff, ante, p. 497, 172 So. 636.

¶3 When all the pleadings and the respective affidavits on which the submission was had are considered, we are of opinion that the decree of the trial court dissolving the temporary injunction and dismissing the bill of complaint as last amended was not in error.

¶4 The decree of the circuit court is affirmed.

¶5 Affirmed.

ANDERSON, C. J., and BROWN, and KNIGHT, JJ., concur.
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