Niehaus & Co. v. Cooke
Supreme Court of Alabama
Appeal from the Chancery Court .of Colbert. 'Heard before the Hon. William H. Simpson. The bill in this case was filed by the appellee, Stockton Cooke, against the appellants, B.- Niehaus' & Co., a firm composed to B. Niehaus and J. C. Piraldo, and B. Niehaus and J. G. Firaldo individually, and the city of Sheffield.
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Appeal from the Chancery Court .of Colbert. 'Heard before the Hon. William H. Simpson. The bill in this case was filed by the appellee, Stockton Cooke, against the appellants, B.- Niehaus' & Co., a firm composed to B. Niehaus and J. C. Piraldo, and B. Niehaus and J. G. Firaldo individually, and the city of Sheffield. It Avas averred in the hill that the complainant Avas the oAvner in fee of two1 certain described lots in the city of Sheffield, which fronted upon AA-hat is known as Montgomery avenue in-said city; that at the time he had purchased said lots there had been constructed by the…
1Opinion of the CourtTyson, J.
—This appeal is prosecuted from a decree overruling a motion to dissolve an. injunction because o<f want of equity in the bill amid upon the denials in the answer. There; is much averred in the bill challenging the right of the respondents to tear up- the chert and gravel upon the sidewalk fronting the property of complainant! which was- placed there by him and his predecessor in ownership of the lots. Whatever may be the rights of the respondents with respect to- this matter, a question we do not decide, if it be conceded that- they have such ai right, it is entirely clear that they have no-…
2Cases cited13 opinions
- City Council of Montgomery v. MaddoxSupreme Court of Alabama · 1889
- Chambers v. Alabama Iron Co.Supreme Court of Alabama · 1880
- Columbus & Western Railway Co. v. WitherowSupreme Court of Alabama · 1886
- Town of Avondale v. McFarlandSupreme Court of Alabama · 1893
- Birmingham Traction Co. v. . Birmingham Railway & Electric Co.Supreme Court of Alabama · 1898
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Town of New Decatur v. ScharfenbergSupreme Court of Alabama · 1906
- Mobile County v. Barnes-Creary Supply Co.Supreme Court of Alabama · 1932
- Minor v. ThomassonSupreme Court of Alabama · 1938
- Ellis v. DrakeSupreme Court of Alabama · 1919
- Southern Ry. Co. v. HaysSupreme Court of Alabama · 1907
3 more not listed; retrieve them via the Exa API.