Legal Opinion · Dissent

City of Birmingham v. Graves

Supreme Court of Alabama

Decided June 14, 1917No. 6 Div. 417Published

Appeal from Chancery Court, Jefferson County; A. H. Benners, Chancellor. Bill by W. H. Graves against the City of Birmingham and another. Judgment for plaintiff, and defendants appeal.

1DissentThomas, J.

Appellee obtained a temporary injunction in the chancery court against the city of Birmingham and W. L. Melton, as street commissioner of said city, restraining them from cutting-down certain trees in front of appellee’s property in said city. From the order granting the temporary injunction this appeal is taken.

The bill of complaint contains the pecessary preliminary averments, with the further averments that appellee owned 900 feet of property fronting on the west side of St. Charles street, between Eleventh and Thirteen avenues, in the city of Birmingham; that many years ago he ha,d set…

2Cases cited78 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
  3. Orient Insurance v. DaggsSupreme Court of the United States · 1899
  4. Langley v. City CouncilSupreme Court of Georgia · 1903
  5. Carroll v. Greenwich Ins. Co. of NYSupreme Court of the United States · 1905

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