Calhoun Ex Rel. Chapman v. Gulf Oil Corp.

Jenkins, Justice.

1. “If a nuisance complained of shall exist in a town or city under the government of a mayor, . . aider-men, . . or a common council . . , such nuisance, by and with the advice of said aldermen, . . [or] council ; . may be abated and removed by order of said mayor.” Code, § 72-401. “If the nuisance [is] a public one merely, and no private individual suffered special damage therefrom, then the proceedings to abate the same should [be] in the name of the city, acting upon the motion of the corporate body itself, or in the name of the city upon the application of some citizen.”…