Smith v. City of Opelika
Supreme Court of Alabama
Bill to Enjoin Obstruction of Street. Appeal from Lee Chancery Court. Heard before Hon. W. W. Wi-iiteside. Bill by the City of Opelika against Jesse W. Smith and others, to enjoin the obstruction of a street by the perpetration or continuance of a nuisance therein. Decree for complainant and respondent appeals.
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Bill to Enjoin Obstruction of Street. Appeal from Lee Chancery Court. Heard before Hon. W. W. Wi-iiteside. Bill by the City of Opelika against Jesse W. Smith and others, to enjoin the obstruction of a street by the perpetration or continuance of a nuisance therein. Decree for complainant and respondent appeals. Where there is nothing in the map to indicate the width of a street, the character and extent of the use by the public for a period of twenty years determines the width of the dedication. — W. of A. By. v. A. G. T. B. B. Go.„ 96 Ala. 274. A dedication must be ■accepted to be effective…
1Opinion of the CourtMayfield, J.
— The bill is' filed by the city of Opelika, and seeks to remove, as an obstruction to its ■streets and as a public nuisance, a small wooden building used as a market house. The bill unquestionahl}has equity, and, if its averments are proven, the city is entitled to the relief prayed. — Reed v. Birmnigham, 92 Ala. 339, 9 South. 161. The chancellor, on the final Fearing on the pleadings and the proof, of which there was a great deal, granted the relief prayed, and, from this decree, respondents appeal. And being granted a ■severance, Thomas J. Wesley, for and in behalf of himself individually…
2Cases cited7 opinions
- Webb v. City of DemopolisSupreme Court of Alabama · 1891
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