Greil v. Stollenwerck
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Gaston Gunter, Judge. Bill by N. J. Greil and. others against Erank Stollenwerck and others to enjoin the obstruction of a way. Erom a decree sustaining demurrers to the bill and dismissing it, complainants appeal. The following is the ordinance and contract referred to and directed to be set out: An Ordinance.
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Appeal from Circuit Court, Montgomery County; Gaston Gunter, Judge. Bill by N. J. Greil and. others against Erank Stollenwerck and others to enjoin the obstruction of a way. Erom a decree sustaining demurrers to the bill and dismissing it, complainants appeal. The following is the ordinance and contract referred to and directed to be set out: An Ordinance. Be it ordained by the city council of Montgomery as follows: Section 1. That the city council of Montgomery hereby agrees to all terms, conditions and stipulations of the following contract between the Mobile & Montgomery Railway Company,…
1Opinion of the CourtMayfield, J.
Appellants filed this bill against appellees, seeking to enjoin the respondents from closing or obstructing a portion of a street or alley, within the corporate limits of the city of Montgomery, Ala.
[1] Appellants, complainants below, allege that they own property abutting that portion of the street or alley which is obstructed or inclosed, or threatened to be so obstructed or inclosed. The bill therefore brings appellants within the class of citizens who may maintain a private suit to enjoin or abate a public' nuisance; that is, they show an injury or detriment different in kind from that…
2Cases cited11 opinions
- First National Bank v. TysonSupreme Court of Alabama · 1901
- City of Demopolis v. WebbSupreme Court of Alabama · 1888
- City of Greenville v. Greenville Water Works Co.Supreme Court of Alabama · 1899
- First National Bank v. TysonSupreme Court of Alabama · 1905
- State ex rel. Attorney General v. Louisville & N. R. R.Supreme Court of Alabama · 1908
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Board of Revenue of Jefferson County v. HewittSupreme Court of Alabama · 1921
- Folmar Mercantile Co. v. Town of LuverneSupreme Court of Alabama · 1919
- Town of Citronelle v. Gulf Oil Corp.Supreme Court of Alabama · 1960
- Russell v. HoldernessSupreme Court of Alabama · 1927
- Stollenwerck v. GreilSupreme Court of Alabama · 1921
3 more not listed; retrieve them via the Exa API.