Southern Railway Co. v. Ables
Supreme Court of Alabama
Appear from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Action by Charles Edward Albes against the Southern Railway Company and others to enjoin the vacation of a street, etc. From a decree overruling a motion to dismiss, and overruling demurrers to the bill, defendants appeal. The allegations of the bill are as follows: (1) That orator is a citizen of Morgan county under the age of 21 years.
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Appear from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Action by Charles Edward Albes against the Southern Railway Company and others to enjoin the vacation of a street, etc. From a decree overruling a motion to dismiss, and overruling demurrers to the bill, defendants appeal. The allegations of the bill are as follows: (1) That orator is a citizen of Morgan county under the age of 21 years. (2) That the city of Decatur is a municipal corporation, authorized by its charter to sue and be sued under the name of the “Mayor and Council of the City of Decatur,” and is invested with…
1Opinion of the CourtAnderson, J.
— Conceding that the abutting owner of the street has such a private interest therein as would entitle him to compensation under section 235 of the Constitution of 1901, before a vacation thereof by the municipality, the complainant does not bring himself within the protection of said section, as the bill does not aver that he is an abutting 'owner on those particular parts of the street that were vacated. — Elliott on Roads & Streets (2d Ed.), §§ 877, 878; Dennis v. M. & M. R. R. Co., 137 Ala. 649, 35 South. 30, 97 Am. St. Rep. 69; Montgomery v. Townsend, 80 Ala. 489, 2 South. 155, 60 Am.…
2Cases cited12 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Smith v. McDowellIllinois Supreme Court · 1893
- City of East St. Louis v. O'FlynnIllinois Supreme Court · 1887
- Buhl v. Fort Street Union Depot Co.Michigan Supreme Court · 1894
- Mayor of Birmingham v. KleinSupreme Court of Alabama · 1889
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Hamilton v. Alabama Power Co.Supreme Court of Alabama · 1915
- City of Birmingham v. Louisville N. R. Co.Supreme Court of Alabama · 1926
- Albes v. Southern Ry. Co.Supreme Court of Alabama · 1909
- Duy v. Alabama Western Railway Co.Supreme Court of Alabama · 1911
- Chichester v. KromanSupreme Court of Alabama · 1930
12 more not listed; retrieve them via the Exa API.