STATE v. O'DELL

7 Div. 536.

117 So.2d 156 (1958)

STATE of Alabama ex rel. John PATTERSON, Attorney General, v. I. S. O'DELL et al.

Court of Appeals of Alabama.

April 16, 1958.


Attorney(s) appearing for the Case

Knox, Jones, Woolf & Merrill, Anniston, S. P. Keith, Jr., Birmingham, and Wallace L. Johnson, Mobile, for movants.

John Patterson, Atty. Gen., Robt. P. Bradley, Asst. Atty. Gen., and Guy Sparks, Special Asst. Atty. Gen., for the State.


PER CURIAM.

Under Code 1940, T. 7, § 1038, this court is given general injunctive powers. Under § 1045, we do not consider the authority in us to issue temporary injunctions is conditioned upon a prior refusal thereof by a nisi prius judge. If, however, we be mistaken in this view, nevertheless on the record before us we consider the trial court's action as being tantamount to a refusal of the Attorney General's application.

The trial judge failed...

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