Whaley v. Wilson
Supreme Court of Alabama
Appeal from the Chancery Court of Pike. Heard before the Hon. Jere N. Williams. The bill in this case was filed by the appellee against the appellant. The facts of the case are sufficiently stated in the opinion. Upon the final submission of the cause, on the pleadings and proof, the chancellor decreed that the complainant was entitled to the relief prayed for and ordered accordingly. From this decree the defendant appeals, and assigns the rendition thereof as error.
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Appeal from the Chancery Court of Pike. Heard before the Hon. Jere N. Williams. The bill in this case was filed by the appellee against the appellant. The facts of the case are sufficiently stated in the opinion. Upon the final submission of the cause, on the pleadings and proof, the chancellor decreed that the complainant was entitled to the relief prayed for and ordered accordingly. From this decree the defendant appeals, and assigns the rendition thereof as error. The mere fact of acquiescence on the part of the owner of the land in the use and enjoyment of a way by the public, as a public…
1Opinion of the CourtSharpe, J.
The appellee seeks, by bill in equity, to have removed, as a public nuisance, a fence constructed by the appellant across a certain road averred to be a public highway. The only question discussed by counsel is, whether the obstructed road was a public road. Treating the case as it was treated by counsel, and seemingly considered by the chancellor, without deciding whether the facts disclosed by the evidence show that special and particular injury to the complainant, distinct from that suffered by him in common with the general public, which is necessary to the right of a private person…
2Cases cited1 opinion
- Shellhouse v. StateIndiana Supreme Court · 1887
3Cited by15 opinions
- Locklin v. TuckerSupreme Court of Alabama · 1922
- Jones v. BrightSupreme Court of Alabama · 1903
- Stack v. Tennessee Land Co.Supreme Court of Alabama · 1923
- Gosdin v. WilliamsSupreme Court of Alabama · 1907
- Merchant v. MarkhamSupreme Court of Alabama · 1911
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