City of Birmingham v. Smyer

BROWN, Justice.

The former appeal considered in City of Birmingham v. Smyer, 230 Ala. 234, 160 So. 764, was from a decree on demurrer.

Subsequent to that decision, the complainant, appellee here, amended his bill eliminating all claims except for damages to “Lot 1, in Block 5, Oakwood Land Company’s Survey” and damages to the whole propei'ty in consequeixce of broadening the surface water sewer canal across said property.

To the bill as thus amended the defendant, appellant here, pleaded the provisions of section 10 of Act No. 257, relating to cities of its class, approved August 20, 1915, Acts…