Richards v. Daugherty
Supreme Court of Alabama
Appeal from the Chancery Court of Henry. Heard before the ITon. W. L. Park's. The bill in tliis case was filed by the appellee, Alex. Daugherty1' against the appellant, Henry Richards, and prayed to have a mill dam and mill pond abated as a nuisance. The averments of the bill and the grounds of demurrer reviewed, and the ruling of the chancellor upon the demurrer are sufficienly shown in the opinion.
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Appeal from the Chancery Court of Henry. Heard before the ITon. W. L. Park's. The bill in tliis case was filed by the appellee, Alex. Daugherty1' against the appellant, Henry Richards, and prayed to have a mill dam and mill pond abated as a nuisance. The averments of the bill and the grounds of demurrer reviewed, and the ruling of the chancellor upon the demurrer are sufficienly shown in the opinion. In the respondent’s answer to the bill, after setting out the facts in denial of the mill and dam constituting a nuisance, there is contained the following paragraphs: “7. Respondent avers that…
1Opinion of the CourtTyson, J.
The bill in this cause seeks to have abated an alleged nuisance, it is shown by its averments that the respondent by the erection of a dam, for a grist mill, across flowing streams formed the mill ponds sought to have removed. On the borders or shores of these ponds there is a growth of trees that produce annually a heavy foliage, consisting of leaves and moss, which when killed by the Avinter’s cold, fall into the ponds; also there are a large number of logs, stumps, and trees in these ponds which are continuously undergoing a state of decomposition. During the rainy seasons the respondent…
2Cases cited3 opinions
- Hundley v. HarrisonSupreme Court of Alabama · 1898
- Grady v. WolsnerSupreme Court of Alabama · 1871
- Ogletree v. McQuaggsSupreme Court of Alabama · 1880
3Cited by7 opinions
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- Town of Vernon v. WedgeworthSupreme Court of Alabama · 1906
- Phipps v. Rogue River Valley Canal Co.Oregon Supreme Court · 1916
- Ward v. ChamblessSupreme Court of Alabama · 1939
- Martin Bldg. Co. v. Imperial Laundry Co.Supreme Court of Alabama · 1929
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