Legal Opinion

Harn v. Common Council

Supreme Court of Alabama

Decided November 15, 1893PublishedCited by 17 opinions

Appeal from the Chancery Court of Tallapoosa. Heard before tbe Hon. S. H MoSpauden. The bill in this case was filed by the common council of the town of Dadeville to compel appellant and others to remove a dwelling house and fence from a public street on the ground that the' same were an ufilawful obstruction or nuisance. The material facts are contained in the opinion of the court.

1Opinion of the CourtColeman, J.

The bill was filed by the Common Council of Dadeville, for the purpose of having a dwelling house and fence removed, which the bill avers obstructed and closed up a street of the town of Dadeville, known as Eufaula street. The bill avers, “that the plan of said town was originally laid off about the 28th of April, 1836, . . . and that said plan or diagram as thus laid out showed the different lots, blocks and streets, and was deposited in the probate office at Dadeville.” It further avers “that a great many if not all of the lots as originally laid out in the plan, by John H. Broadnax, on the…

2Cases cited5 opinions

  1. Webb v. City of DemopolisSupreme Court of Alabama · 1891
  2. Evans v. Savannah & Western Railway Co.Supreme Court of Alabama · 1890
  3. Reed v. Mayor of BirminghamSupreme Court of Alabama · 1890
  4. Doe ex dem. Kennedy's Ex'rs v. JonesSupreme Court of Alabama · 1847
  5. Sherer v. City of JasperSupreme Court of Alabama · 1890

3Cited by17 opinions

  1. Alexander City U. W. & S. Co. v. Central of Ga. Railway Co.Supreme Court of Alabama · 1913
  2. Potts v. Court of CommissionersSupreme Court of Alabama · 1919
  3. Wall v. Salt Lake CityUtah Supreme Court · 1917
  4. City of Mobile v. ChapmanSupreme Court of Alabama · 1918
  5. Mullen v. First Nat. Bank of MontgomerySupreme Court of Alabama · 1933

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