Whaley v. Wilson
Supreme Court of Alabama
Appeal from the Chancery Court of Pike. Heard before the Hon. Jere N. Williams. The bill in this case was filed on January 1, 1896, by the appellee, W. H. Wilson against E. S. Whaley, the appellant, to abate a public nuisance.
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Appeal from the Chancery Court of Pike. Heard before the Hon. Jere N. Williams. The bill in this case was filed on January 1, 1896, by the appellee, W. H. Wilson against E. S. Whaley, the appellant, to abate a public nuisance. The nuisance complained of was an obstruction placed in a public road, which ran through the complainant’s land; and the averments of the bill were that the defendant obstructed said road by placing a large stump therein and by running a fence across said road, and that during the month of December, 1895, the defendant built a wire fence across said road, along and near…
1Opinion of the CourtHaralson, J.
In Hool & Paullin v. The Attorney-General, 22 Ala. 194, this court said :■ “Any obstruction of a public road or highway, which renders its passage less commodious, is a nuisance, and whatever doubts may have formerly existed as to the powers of a court of chancery to entertain a bill to enjoin and abate a public nuisance, the jurisdiction of that court for this purpose, at the present day, is well established.” See also, to the same effect, the City of Demopolis v. Webb, 87 Ala. 666. In the last case cited, we sustained such a jurisdiction as based, among others, on the reason, that the…
2Cases cited5 opinions
- City of Demopolis v. WebbSupreme Court of Alabama · 1888
- Farris v. DudleySupreme Court of Alabama · 1884
- Stow v. Bozeman's ExecutorsSupreme Court of Alabama · 1856
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- Kilgore v. KilgoreSupreme Court of Alabama · 1893
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