Kyser v. Hertzler
Supreme Court of Alabama
Appeal from Madison Law and Equity Court. Heard before Hon. J. H. Ballentine. Bill by Frank Hertzler against J. A. Kyser to enjoin the maintenance of a private nuisance. From an- order overruling the motion to dissolve a temporary injunction, respondents appeals.
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Appeal from Madison Law and Equity Court. Heard before Hon. J. H. Ballentine. Bill by Frank Hertzler against J. A. Kyser to enjoin the maintenance of a private nuisance. From an- order overruling the motion to dissolve a temporary injunction, respondents appeals. The bill was without equity and the injunction was improperly issued. — St. James Church v. Arrington, 36-Ala. 548. Attention is called to the health officer’s affidavit, and to the case of Gallagher v. Floury, 57 Atl. 672. The temporary injunction should be dissolved on the sworn denials of the answer. — Turner v. Stevens, 106 Ala.…
1Opinion of the CourtGardner, J.
The bill in this case was filed by the appellee against the appellant to abate a private nuisance. Temporary injunction having issued in accordance with the prayer of the bill, motion ivas made to dissolve the same, which was overruled by the chancellor (the judge of the law and equity court), and, from this decree, the appeal is taken.
The bill alleges that the respondent has under his control and management, and does maintain a stable in Madison, Ala., where he keeps horses, and that the stable is in unsanitary condition, offensive, and prejudicial to the health of complainant’s family. We…
2Cases cited12 opinions
- Evans v. WilhiteSupreme Court of Alabama · 1910
- Burditt v. SwensonTexas Supreme Court · 1856
- Hundley v. HarrisonSupreme Court of Alabama · 1898
- Rounsaville v. KohlheimSupreme Court of Georgia · 1882
- St. James' Church v. ArringtonSupreme Court of Alabama · 1860
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- City of Birmingham v. GravesSupreme Court of Alabama · 1917
- Bloch v. McCownSupreme Court of Alabama · 1929
- Rice v. DavidsonSupreme Court of Alabama · 1921
- Beam v. Birmingham Slag Co.Supreme Court of Alabama · 1942
- Dixie Ice Cream Co. v. BlackwellSupreme Court of Alabama · 1928
9 more not listed; retrieve them via the Exa API.