Terry v. Town of Hanceville

MERRILL, Justice.

Appeal from an interlocutory decree overruling demurrer to bill of complaint.

The complainant, Town of Hanceville, seeks a mandatory injunction requiring the respondent, Ike Terry, to remove a “canopy, awning or overhanging shelter” from the right-of-way of TJ. S. Highway No. 31 within the corporate limits of the Town of Hanceville; that U. S. Highway No. 31 is a public street and dedicated to the use of the public; and that the overhanging obstruction or structure is a public nuisance in the Town of Hanceville.

Appellant filed a demurrer assigning thirty-six grounds which was…