Gaynor v. Bauer
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Thomas A. Smith. Bill by appellant against appellee for mandatory injunction to require appellee to replace certain drains and a stairway alleged to have been removed from the common property, and to enjoin further molestation. From a decree sustaining demurrer to the bill, this appeal is taken. The facts sufficiently appear in the opinion.
Read the full summary
Appeal from Mobile Chancery Court. Heard before Hon. Thomas A. Smith. Bill by appellant against appellee for mandatory injunction to require appellee to replace certain drains and a stairway alleged to have been removed from the common property, and to enjoin further molestation. From a decree sustaining demurrer to the bill, this appeal is taken. The facts sufficiently appear in the opinion. The second ground of demurrer, which was sustained by the court, went only to a part of the bill. If it can be shown that the sustaining of this ground of demurrer is error a reversal follows unless it…
1Opinion of the CourtSimpson, J.
This was a bill filed by appellant against appellee, complaining of the disturbance by appellee of the rights of the appellant in certain Avater drains, pipes, etc., alleged to be on the line between the property of complainant and defendant, and used by both for the discharge of Avater from the buildings of both, and also of the disturbance of complainant’s rights in a certain stairway, which had been used by both; and the *452bill prays that, defendant be required to restore said drains, pipes,'etc., and said stairway, and that defendant be enjoined from injuring) etc., tbe same, and be also…
2Cases cited11 opinions
- Pettis v. JohnsonIndiana Supreme Court · 1877
- Wells v. . GarbuttNew York Court of Appeals · 1892
- Walker v. CliffordSupreme Court of Alabama · 1900
- Jesse French Piano & Organ Co. v. ForbesSupreme Court of Alabama · 1900
- Steiner & Lobman v. Parker & Co.Supreme Court of Alabama · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Kirkland v. KirklandSupreme Court of Alabama · 1967
- MacLeod v. StelleIdaho Supreme Court · 1926
- Birmingham Trust & Savings Co. v. MasonSupreme Court of Alabama · 1930
- Crawford v. TuckerSupreme Court of Alabama · 1952
- Romanchuk v. PlotkinSupreme Court of Minnesota · 1943
12 more not listed; retrieve them via the Exa API.