McHan v. McMurry
Supreme Court of Alabama
Appeal from Cullman Chancery Court. Heard before Hon. W. H. Simpson. Bill by H. R. McMurry against James McHan seeking an injunction to restrain the erection of a dam. Decree for complainant and respondent appeals. Wliere an injunction is granted on a bill which is wanting in equity it should be dissolved whether the allegations of the bill are admitted or denied. — Satterfield v. J olm, 53 Ala. 127; Hart v. Clark, 54 Ala;. 490; Bishop v. Wood, 59 Ala. 253; Chambers v. Ala.
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Appeal from Cullman Chancery Court. Heard before Hon. W. H. Simpson. Bill by H. R. McMurry against James McHan seeking an injunction to restrain the erection of a dam. Decree for complainant and respondent appeals. Wliere an injunction is granted on a bill which is wanting in equity it should be dissolved whether the allegations of the bill are admitted or denied. — Satterfield v. J olm, 53 Ala. 127; Hart v. Clark, 54 Ala;. 490; Bishop v. Wood, 59 Ala. 253; Chambers v. Ala. Grain Co., 67 Ala. 356. The principle on which equity grants relief in such a case as this is that there is a permanent…
1Opinion of the CourtMcCLELLAN, J.
This bill is by a lower riparian proprietor against the adjacent upper proprietor, and seeks his restraint from the erection of a proposed dam, on his own lands, across a stream coursing through the farms of each. In the third paragraph of the bill must its equity be found, if at all. That paragraph reads:
*184“That defendant erected a dam across said Thacker’s creek and dammed up the creek, and on several occasions said dam broke or washed away, and caused the water to come down said creek with such force and in such volume that it overflowed complainant’s farm, which is and was in cultivation,…
2Cases cited10 opinions
- East & West Railroad Co. of Alabama v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Alabama · 1883
- Rouse v. MartinSupreme Court of Alabama · 1883
- Chambers v. Alabama Iron Co.Supreme Court of Alabama · 1880
- Rhodes v. DunbarSupreme Court of Pennsylvania · 1868
- Blackburn v. FitzgeraldSupreme Court of Alabama · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Mudd v. LanierSupreme Court of Alabama · 1945
- Hamilton v. Alabama Power Co.Supreme Court of Alabama · 1915
- Persons v. SummersSupreme Court of Alabama · 1963
- City of Birmingham v. GravesSupreme Court of Alabama · 1917
- Dean v. Coosa County Lumber Co.Supreme Court of Alabama · 1936
22 more not listed; retrieve them via the Exa API.