First National Bank v. Tyson
Supreme Court of Alabama
Appeal from the 'City Court of Montgomery, in Equity. Heard before tbe Hon. A. D. Sayre. The bill in this ease was filed on July 20, 1901, by tlie appellee, A. P. Tyson, against the First National Bank of Montgomery.
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Appeal from the 'City Court of Montgomery, in Equity. Heard before tbe Hon. A. D. Sayre. The bill in this ease was filed on July 20, 1901, by tlie appellee, A. P. Tyson, against the First National Bank of Montgomery. The hill averred in substance as follows: 1. Complainant was a resident citizen property owner, and tax payer in the city of Montgomery. 2. The defendant bank was organized under the laws of the United States, and located in said city. 3. Commerce street, in said city, was dedicated to and accepted by the public more than 50 years ago, and was used by the public for street…
1Opinion of the CourtHaralson, J.
The cause was submitted for decree on the pleadings, the exceptions of complainant to the three pleas filed by the defendant, the motions to discharge and dissolve the injunction, and on the demurrer to the bill, accompanied by the several affidavits filed by the complainant and defendant.
It may be stated broadly, since it seems to be everywhere settled in this country, that a building or other structure of like nature, erected on a street — which includes its sidewalks — without the sanction of the legislature, is a nuisance; that public “highways belong from side to side and from end to end…
2Cases cited12 opinions
- Webb v. City of DemopolisSupreme Court of Alabama · 1891
- Field v. BarlingIllinois Supreme Court · 1894
- City of Demopolis v. WebbSupreme Court of Alabama · 1888
- State v. Mayor of MobileSupreme Court of Alabama · 1837
- Douglass v. City CouncilSupreme Court of Alabama · 1897
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3Cited by52 opinions
- Harper v. City of Wichita FallsCourt of Appeals of Texas · 1937
- Kelbro, Inc. v. MyrickSupreme Court of Vermont · 1943
- Williams v. Los Angeles Ry. Co.California Supreme Court · 1907
- Branyon v. KirkSupreme Court of Alabama · 1939
- City of Birmingham v. Hood-Mcpherson Realty Co.Supreme Court of Alabama · 1937
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