Wharton v. Hannon
Supreme Court of Alabama
Appeal from the City Court of Montgomery, in Equity. Heard before the Hon. Thos. M. Arrington. The bill in this case was filed by the appellee, T. W. Hannon, against W. G. Wharton, on March 2, 1892, for the purpose of having the respondent enjoined from obstructing an alley-way.
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Appeal from the City Court of Montgomery, in Equity. Heard before the Hon. Thos. M. Arrington. The bill in this case was filed by the appellee, T. W. Hannon, against W. G. Wharton, on March 2, 1892, for the purpose of having the respondent enjoined from obstructing an alley-way. The bill, as amended, after the decision in this court on the former appeal, averred the following state of facts : The complainant was the owner of an alley-way and right to an uninterrupted ingress and egress thereupon in the rear of lot No. 2, in square No. 8, and an alley-way 12 feet wide through lot No. 1 in…
1Opinion of the CourtHaralson, J.
This cause is before us on an application for a rehearing. After further and careful consideration, we feel constrained to grant the application. We refer to and adopt the dissenting opinion of Stone, C. J., delivered in the cause, when it was here on a former appeal (101 Ala. 558), as containing the views we now adopt, and the conclusion reached, in final determination of the cause.
We do not decide any of the other questions raised in the record, but rest our decision alone on the one, on *524which the late Chief Justice based his opinion. It results that the decree of the court below is…
2Cases cited1 opinion
- Wharton v. HannonSupreme Court of Alabama · 1893
3Cited by4 opinions
- Hill v. WingSupreme Court of Alabama · 1915
- Gaynor v. BauerSupreme Court of Alabama · 1905
- Methvin v. HaynesSupreme Court of Alabama · 1950
- Mobile & Montgomery Railway Co. v. Alabama Midland Railway Co.Supreme Court of Alabama · 1896