City of Demopolis v. Webb
Supreme Court of Alabama
Appeal from the Chancery Court of Marengo. Heard before the Hon. Thos. W. Coleman. The bill in this case was filed on the 11th June, 1888, by the “City of Demopolis,” against John C. Webb and wife, and W. H. Creagh; and sought (1) to enjoin the continuance of a fence, which said Webb had erected across a part of Arch street near the river; and (2) to prevent the collection of wharfage by the defendants, at their landing on the river at or near the foot of said street.
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Appeal from the Chancery Court of Marengo. Heard before the Hon. Thos. W. Coleman. The bill in this case was filed on the 11th June, 1888, by the “City of Demopolis,” against John C. Webb and wife, and W. H. Creagh; and sought (1) to enjoin the continuance of a fence, which said Webb had erected across a part of Arch street near the river; and (2) to prevent the collection of wharfage by the defendants, at their landing on the river at or near the foot of said street. The chancellor held, on demurrer, that the bill contained equity, so far as it sought relief against the obstruction of the…
1Opinion of the CourtSomerville, J.
The bill is filed by the City of Demopolis, a municipal corporation, to restrain the continuance of a fence erected by John 0-. Webb, one of the defendants, across Arch street, a highway in said town, said obstruction being alleged to be a public nuisance, and sought to be abated as such. The bill further seeks to restrain the alleged unlawful collection of wharfage by the said Webb and his co-defendants, at a steam-boat landing on the margin of the Tombigby river, which is averred to be an appropriation of *663a part of said street, and an obstruction to tbe free use of said landing by tbe…
2Cases cited21 opinions
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
- Banks v. OgdenSupreme Court of the United States · 1865
- Dutton v. StrongSupreme Court of the United States · 1861
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3Cited by46 opinions
- Marsh v. AlabamaSupreme Court of the United States · 1946
- Webb v. City of DemopolisSupreme Court of Alabama · 1891
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