Smith v. Birmingham Water Works Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by the appellant, Joseph B. Smith, against the appellee, The Birmingham Water Works Company. The facts of the case are sufficiently stated in the opinion. 1. The chancellor by his decree did not dismiss the bill for the want of equity, but dissolved the injunction.
Read the full summary
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by the appellant, Joseph B. Smith, against the appellee, The Birmingham Water Works Company. The facts of the case are sufficiently stated in the opinion. 1. The chancellor by his decree did not dismiss the bill for the want of equity, but dissolved the injunction. Where there are defects, if such defects are amendable on a proper motion to dissolve the injunction, the amendable defects are regarded as amended, and che only question is, whether the facts, if properly averred,…
1Opinion of the CourtColeman, J.
The appellant, Joseph R. Smith, the owner of two separate buildings in the city of Birmingham, filed the present bill, praying that the respondent be enjoined from cutting off a supply of water from the buildings, and also that the respondent be enjoined from removing a meter from one of the buildings, and that it be required to restore a meter to the other building from which it had been removed. The bill also charges that the rates demanded for water by the respondent are unreasonable and oppressive, and prays relief in the alternative, that if the charges for water have not been fixed by…
2Cases cited2 opinions
- Lake View Mining & Manufacturing Co. v. HannonSupreme Court of Alabama · 1890
- Cerf v. Home InsuranceCalifornia Supreme Court · 1872
3Cited by23 opinions
- Turner v. Revere Water Co.Massachusetts Supreme Judicial Court · 1898
- City of Montgomery v. GreeneSupreme Court of Alabama · 1913
- Birmingham Water Works Co. v. KeileyAlabama Court of Appeals · 1911
- Burke v. City of Water ValleyMississippi Supreme Court · 1905
- Birmingham Water Works Co. v. WindhamSupreme Court of Alabama · 1914
18 more not listed; retrieve them via the Exa API.