Rudolph v. City of Birmingham
Supreme Court of Alabama
Appeal from Jefferson. Chancery Court. Heard before Hon. A. H. Benners. Bill by the city of Birmingham against Z. T. Rudolph for mandatory injunction to require respondent to remove certain obstruction alleged to be maintained by him in a public road. Decree for complainant and respondent appeals. The court erred in making an order substituting the city of Birmingham for the city of Elyton and letting the suit proceed in that name. — Pitts v. Powledge, 56 Ala. 147; Sims.
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Appeal from Jefferson. Chancery Court. Heard before Hon. A. H. Benners. Bill by the city of Birmingham against Z. T. Rudolph for mandatory injunction to require respondent to remove certain obstruction alleged to be maintained by him in a public road. Decree for complainant and respondent appeals. The court erred in making an order substituting the city of Birmingham for the city of Elyton and letting the suit proceed in that name. — Pitts v. Powledge, 56 Ala. 147; Sims. Ch. § 351. The Georgia road was not a public road as averred in the bill. — Gadsden v. Williams, 151 Ala. 592; Cochran v.…
1Opinion of the CourtSayre, J.
Originally the bill in this case was filed by the city of Elyton against appellant, and sought a decree requiring appellant to remove certain obstructions alleged to have been maintained by him in a public street of the complaining municipality known as the “Georgia Road.” Some objections to the bill were disposed of in Rudolph v. Elyton, 161 Ala. 525, 50 South. 80. Pending a final decree the city of Elyton became a *623part of the city of Birmingham, after which the city of Birmingham moved the court to allow the cause to proceed in its name. It was so ordered, and appellant assigns the ruling…
2Cases cited10 opinions
- Webb v. City of DemopolisSupreme Court of Alabama · 1891
- Reilly v. City of RacineWisconsin Supreme Court · 1881
- Reed v. Mayor of BirminghamSupreme Court of Alabama · 1890
- Western Railway v. Ala. Grand Trunk RailroadSupreme Court of Alabama · 1892
- Commissioners Court v. HearneSupreme Court of Alabama · 1877
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3Cited by9 opinions
- Barber v. COVINGTON COUNTY COM'NSupreme Court of Alabama · 1985
- Manning v. HouseSupreme Court of Alabama · 1924
- Smith v. Birmingham Realty Co.Supreme Court of Alabama · 1922
- Stack v. Tennessee Land Co.Supreme Court of Alabama · 1923
- Folmar Mercantile Co. v. Town of LuverneSupreme Court of Alabama · 1919
4 more not listed; retrieve them via the Exa API.