Reed v. Mayor of Birmingham
Supreme Court of Alabama
Appeal from the City Court of Birmingham, in equity. Heard before the Hon. H. A. Siiarpe. The bill in this case was field on the 8th day of- March, 1890, by the Mayor and Aldermen of the city of Birmingham, against Charles IT. Reed; and sought to enjoin and abate an obstruction in the streets of the city, as a public nuisance.
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Appeal from the City Court of Birmingham, in equity. Heard before the Hon. H. A. Siiarpe. The bill in this case was field on the 8th day of- March, 1890, by the Mayor and Aldermen of the city of Birmingham, against Charles IT. Reed; and sought to enjoin and abate an obstruction in the streets of the city, as a public nuisance. The defendant demurred to the bill, assigning several grounds of demurrer; and the decree overruling his demurrers is now assigned as error. 1. There can be no dedication to.the public except by acceptance by use or otherwise. Johnson v. Moore, 87 Ala. 220; 8 Ohio, 444;…
1Opinion of the CourtStone, C. J.
In 1871 the proprietors of the land on which the city of Birmingham stand had a survey made, dividing the land into blocks, lots, streets and alleys, for the purpose of selling the lots, and that a city should be built thereon. The -owners of the land, projectors of the city, were known as the Elyton Land Company, a private corporation. The site was the prospective crossing of the two great railroads, the South and North and the Alabama and Chattanooga, then in process of construction. Before the survey was made the lines of those two roads were established. They run through a considerable…
2Cases cited14 opinions
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845
- Sims v. City of FrankfortIndiana Supreme Court · 1881
- Burbank v. . FayNew York Court of Appeals · 1875
- Driggs v. . PhillipsNew York Court of Appeals · 1886
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3Cited by28 opinions
- Webb v. City of DemopolisSupreme Court of Alabama · 1891
- City of Birmingham v. Hood-Mcpherson Realty Co.Supreme Court of Alabama · 1937
- Manning v. HouseSupreme Court of Alabama · 1924
- Western Railway v. Ala. Grand Trunk RailroadSupreme Court of Alabama · 1892
- Highland Realty Co. v. Avondale Land Co.Supreme Court of Alabama · 1911
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