St. James' Church v. Arrington
Supreme Court of Alabama
Appeal from tbe Chancery Court of Sumter. Heard before1 the Hon. "Wade Keyes. The bill in this case was filed in the name of the minister, wardens and vestrymen of St. James’ church in the' town of Livingston, a body corporate, against Henry E„ Arrington, and sought to enjoin the erection of a stable by the defendant on a lot adjoining the church.
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Appeal from tbe Chancery Court of Sumter. Heard before1 the Hon. "Wade Keyes. The bill in this case was filed in the name of the minister, wardens and vestrymen of St. James’ church in the' town of Livingston, a body corporate, against Henry E„ Arrington, and sought to enjoin the erection of a stable by the defendant on a lot adjoining the church. It alleged, that the defendant was erecting a stable on the south side of the church building, and in close proximity to it, containing sixteen stalls; that said stable would, “of necessity, create a nuisance, so aggravated in its character as, in…
1Opinion of the Court
R. W, WALKER, J.
The jurisdiction of courts of equity, to interpose by injunction in cases of private nuisance, is of comparatively recent growth; and, though it is now well established, it must be admitted, that the control thus assumed over an individual, in the use or enjoy-, ment of his property, is one of the extraordinary powers of the eourfc, and should be cautiously and sparingly ex*549ercised. Both, in England and the United States the courts are exceedingly unwilling to interfere, until the nuisance has been established by a trial at law. Unless the nuisance has been previously…
2Cases cited4 opinions
- Mohawk Bridge Co. v. Utica & Schenectady Rail RoadNew York Court of Chancery · 1837
- State v. Mayor of MobileSupreme Court of Alabama · 1837
- Rosser v. RandolphSupreme Court of Alabama · 1838
- Ray v. LynesSupreme Court of Alabama · 1846
3Cited by21 opinions
- Dunn v. City of AustinTexas Supreme Court · 1889
- Kingsbury v. FlowersSupreme Court of Alabama · 1880
- Boyd v. Board of CouncilCourt of Appeals of Kentucky · 1903
- Diocese of Trenton v. TomanNew Jersey Court of Chancery · 1908
- Rouse v. MartinSupreme Court of Alabama · 1883
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