Wells Amusement Co. v. Eros
Supreme Court of Alabama
Appeal from Circuit Court, Calhoun County; Hugh D. Merrill, Judge. Bill by. Joseph Eros against the Wells Amusement Company for mandatory injunction to detach parts of a roof from the wall of complainant’s building. From a decree granting relief, respondent appeals.
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Appeal from Circuit Court, Calhoun County; Hugh D. Merrill, Judge. Bill by. Joseph Eros against the Wells Amusement Company for mandatory injunction to detach parts of a roof from the wall of complainant’s building. From a decree granting relief, respondent appeals. Motion to dismiss the appeal is grounded on the fact that the appeal was not taken and supersedeas bond executed until nearly 60 days after the date of the decree, whereas section 4866, Code 1907, requires the appeal to be taken within 30 days. ■ The bill was without equity. 181 Ala. 279, 61 South. 276 ; 95 Ala. 235, 10 South.…
1Opinion of the CourtMcOLELLAN, J.
[1] This appeal was taken within the time prescribed by General Acts 1919, pp. 84-S6. Code, § 4866, is not applicable to this character of cause.
The appellee, complainant, had, prior to 1917, erected upon his lot in Anniston a two-story brick building. The south wall of this building was constructed upon the southern margin of appellee’s lot. The appellant owned the lot next, on the south, to appellee’s lot, and constructed thereon a one-story place of amusement. The plan of appellant’s building was evidently designed to avail of appellee’s south wall as the means of inclosing (in major part)…
2Cases cited8 opinions
- First National Bank v. TysonSupreme Court of Alabama · 1901
- Harrington v. McCarthyMassachusetts Supreme Judicial Court · 1897
- First National Bank v. TysonSupreme Court of Alabama · 1905
- Hooper v. Dora Coal Mining Co.Supreme Court of Alabama · 1891
- H. H. Hitt Lumber Co. v. Cullman Property Co.Supreme Court of Alabama · 1914
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- Brackin v. PorterSupreme Court of Alabama · 1960
- Donald v. Cotton States Tire & Rubber Co.Supreme Court of Alabama · 1921