Mutual Service Funeral Homes v. Fehler

FOSTER, Justice.

This is the second appeal in this case. The first was from a ruling on demurrer to the bill, and is reported in 254 Ala. 363, 48 So.2d 26.

The purpose of the bill is to enjoin the anticipated use of certain described property for a funeral home, upon the allegation that, if so used, it will create a nuisance in a wholly residential section of the city of Cullman. On former appeal it was held that the bill had sufficient allegations to show that a nuisance would be created. An answer was filed, and the case was tried on the issue made and a final decree rendered permanently…