Alabama Western R. R. v. State ex rel. Attorney General
Supreme Court of Alabama
Bill to Abate a Public Nuisance. Appeal from Birmingham City Court. Heard, before Hon. A. A. Shapre. Bill by the state, on relation of the Attorney General, against the Alabama Western Railroad Company. From a decree overruling the motion to dismiss the bill for want of equity, defendant appeals.
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Bill to Abate a Public Nuisance. Appeal from Birmingham City Court. Heard, before Hon. A. A. Shapre. Bill by the state, on relation of the Attorney General, against the Alabama Western Railroad Company. From a decree overruling the motion to dismiss the bill for want of equity, defendant appeals. Conceding that chancery has jurisdiction to- abate nuisances the state is not the proper party to file a bill for the abatement of a public nuisance where such nuisance is in a public street in a city. That duty devolves upon the municipal authorities. — People v. Equity Gas Light Go., 141 N. Y. 232;…
1Opinion of the CourtDowdell, J.
The bill in this case is filed in the name of the state, on the relation of the Attorney General The purpose of the bill is to abate a public nuisance, namely, an obstruction of a certain public street in the city of Birmingham. The case was heard below on a motion to dismiss the bill for want of equity, upon the theory that the state is not the proper party to file a hill for the abatement of a public nuisance, where such nuisance is in a public street in a city, but that such duty devolves upon the municipal authorities. The court below overruled the motion to dismiss the bill, and from the…
2Cases cited1 opinion
- Hoole v. Attorney GeneralSupreme Court of Alabama · 1853
3Cited by7 opinions
- County Commissioners of Carroll County v. RickellCourt of Appeals of Maryland · 1924
- Howard v. State Ex Rel. AndrewsSupreme Court of Alabama · 1939
- Jordan v. McLeodSupreme Court of Alabama · 1930
- Attorney General v. MurrayMichigan Supreme Court · 1923
- Childs v. NeitzelIdaho Supreme Court · 1914
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