Bellview Cemetery Co. v. McEvers
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by C. F. McEvers against the Bellview Cemetery Company to abate a nuisance. From a decree overruling demurrers to the bill, respondent appeals.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by C. F. McEvers against the Bellview Cemetery Company to abate a nuisance. From a decree overruling demurrers to the bill, respondent appeals. The amendment as to the road is as follows: “Sec. 17. Complainant avers that said bias road has been established and used by the public for a period of more than 20 years under a claim of right, and the persons under whom respondent claims title to said, land for more than 30 years before this suit, and more than 20 years before respondent obtained title to said land,…
1Opinion of the CourtAnderson, J.
This is the second appeal on demurrer in this case (168 Ala. 535, 53 South. 272), and this one presents no question not heretofore consid*460ered, other than the last amendment to the bill of complaint, which attempts to describe the road as a public one, and not as a mere permissive way as it was held to be, under the then averments of the bill, considered in the former opinion.
A majority of the court held that the bill was not-multifarious because it sought to enjoin both the establishment and use of the cemetery and the closing of the road also. Regardless of the rule as to multifariousness…
2Cases cited4 opinions
- Harper v. StateSupreme Court of Alabama · 1895
- Bellevue Cemetery Co. v. McEversSupreme Court of Alabama · 1910
- Lewman & Co. v. AndrewsSupreme Court of Alabama · 1900
- McDade v. StateSupreme Court of Alabama · 1891
3Cited by5 opinions
- Couture v. County of DadeSupreme Court of Florida · 1927
- South Mississippi Airways v. Chicago & Southern AirlinesMississippi Supreme Court · 1946
- Thrasher v. BurrSupreme Court of Alabama · 1918
- Marsh v. StateAlabama Court of Appeals · 1945
- Beverly v. StateAlabama Court of Appeals · 1939