South North Alabama R. Co. v. Mauter
Supreme Court of Alabama
Appeal from Circuit Court, Cullman County ; O. Kyle, Judge. Bill by Theobald Mauter against the South & North Alabama Railroad Company and others. Decree for complainant, and defendants appeal.
1Opinion of the CourtAnderson, C. J.
The equity of the present bill was settled upon the former appeal, and it was there held that the respondents’ demurrer was without merit. Louisville & N. R. Co. v. Mauter, 199 Ala. 387, 74 South. 932. We think that the weight of the evidence established the material averments of the bill, and tha't the trial court properly held that the complainant was entitled to relief. True, there was no proof of an express dedication of the street in question, but there was much evidence to establish an implied dedication, and the bill was amended so as to meet this phase of the proof.
[1, 2] The trial…
2Cases cited3 opinions
- Guscott v. Roden & Co.Supreme Court of Alabama · 1896
- Sudduth v. Central of Georgia Ry. Co.Supreme Court of Alabama · 1917
- Louisville & Nashville R. R. v. MauterSupreme Court of Alabama · 1917
3Cited by3 opinions
- McClendon v. City of BoazSupreme Court of Alabama · 1981
- Gibson v. GibsonSupreme Court of Alabama · 1919
- Jordan v. McLeodSupreme Court of Alabama · 1930