Stollenwerck v. Greil
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Bill by N. J. Greil and' others against Frank Stollenwerck and others to enjoin the obstruction of a street or alleyway. Decree for complainants, and respondents appeal.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Bill by N. J. Greil and' others against Frank Stollenwerck and others to enjoin the obstruction of a street or alleyway. Decree for complainants, and respondents appeal. For the facts not stated in the opinion, see former report of this case, 201 Ala. 303, 78 South. 79. The construction of a contract given by the parties to it will be given effect by the court. 9 Cyc. 588; 70 Ala. 136. The court will also take into consideration the relation of the parties and the objects to be accomplished. 104 Ala. 141, 16 South. 116; 28 Ala.…
1Opinion of the CourtThomas, J.
The bill was to enjoin obstructing a part of a street abutting appellees’ property in the city of Montgomery. Its equity was supported by the several provisions of a contract adopted ■ June 9, and approved June 18, 1896, between the city council of Montgomery and the Mobile & Montgomery Railway Company and the Louisville & Nashville Railroad Company, a copy of which is attached to the bill and was set out in report of the first appeal. It was averred that the contract requirements had been carried out by the railroad company, the street in question had been opened to the public and used by…
2Cases cited6 opinions
- Joy v. St. LouisSupreme Court of the United States · 1891
- City of Birmingham v. GrahamSupreme Court of Alabama · 1918
- State ex rel. Attorney General v. Louisville & N. R. R.Supreme Court of Alabama · 1908
- City of Mobile v. ChapmanSupreme Court of Alabama · 1918
- City of Troy v. WatkinsSupreme Court of Alabama · 1918
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3Cited by5 opinions
- City of Birmingham v. Hood-Mcpherson Realty Co.Supreme Court of Alabama · 1937
- Chattanooga Sav. Bank v. CrawfordSupreme Court of Alabama · 1921
- Crosby v. Baldwin CountySupreme Court of Alabama · 1933
- Ft. Payne Co. v. City of Ft. PayneSupreme Court of Alabama · 1927
- Jordan v. McLeodSupreme Court of Alabama · 1930