Osceola v. Haynie
Supreme Court of Arkansas
Appeal from Mississippi 'Chancery Court, Osceola District; Archer Wheatley, Chancellor; The injury complained of should have been brought in the law court. It was a suit growing out of alleged injury and damages to plaintiff’s property by constructing a building sought to be declared a nuisance. The rule applicable to the issues here is clearly stated in 29 Cyc. 1210. This rule is approved in 73 Neb. 798; 19Í 111. 605; 12 Peters 91. The parties suing are estopped.
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Appeal from Mississippi 'Chancery Court, Osceola District; Archer Wheatley, Chancellor; The injury complained of should have been brought in the law court. It was a suit growing out of alleged injury and damages to plaintiff’s property by constructing a building sought to be declared a nuisance. The rule applicable to the issues here is clearly stated in 29 Cyc. 1210. This rule is approved in 73 Neb. 798; 19Í 111. 605; 12 Peters 91. The parties suing are estopped. They invited the location of the building and had notice and they failed to speak, object or interfere until the building was…
1Opinion of the CourtSmith, J.
The plaintiffs in this suit — three in number — together owned all the lots in block 16 in Townsite Addition to the city of Osceola, and, in their complaint, alleged that the city had erected in Ford Avenue, which is one of the streets bounding said block, a building to be used as a jail and by the fire department, thereby creating a nuisance. The prayer of the complaint was that the city be required to remove the building, and from a decree granting the relief prayed is this appeal.
The answer admitted the erection of the building in the street, but denied that it interfered with the proper…
2Cases cited4 opinions
- Dickinson v. Arkansas City Improvement Co.Supreme Court of Arkansas · 1906
- Wellborn v. DaviesSupreme Court of Arkansas · 1882
- City of Little Rock v. JeuryensSupreme Court of Arkansas · 1918
- Draper v. MackeySupreme Court of Arkansas · 1880
3Cited by12 opinions
- Sander v. BlythevilleSupreme Court of Arkansas · 1924
- Flake v. Thompson, Inc.Supreme Court of Arkansas · 1970
- Freeze v. JonesSupreme Court of Arkansas · 1976
- Jones v. Kelley Trust Co.Supreme Court of Arkansas · 1929
- Lincoln v. McGehee Hotel Co., Inc.Supreme Court of Arkansas · 1930
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