Hoole v. Attorney General
Supreme Court of Alabama
Appeal from the Chancery Court of .Barbour. Heard before the Hon. J. W. Lesesne. The bill in this case was filed in the name of the Attorney General, on the relation of John Hart and John M. Copeland, against the plaintiffs in error, to enjoin and abate a public nuisance, caused by tbc erection of a fence by Hoole across a street or public road in the town of Eufaula.
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Appeal from the Chancery Court of .Barbour. Heard before the Hon. J. W. Lesesne. The bill in this case was filed in the name of the Attorney General, on the relation of John Hart and John M. Copeland, against the plaintiffs in error, to enjoin and abate a public nuisance, caused by tbc erection of a fence by Hoole across a street or public road in the town of Eufaula. The charges and allegations of the bill, and answers, as well as the other facts of the case, sufficiently appear - from the opinion of the court. On the hearing, the Chancellor decreed a perpetual injunction against the…
1Opinion of the CourtGoldthwaite, J.
The bill is hied by the Attorney General of the State, at the relation of John Hart and John M. Copeland, and charges that the plaintiff in error, Hoole, has obstructed a public street or road within the corporate limits of the town of Eulaula, by the erection of a fence; and the prayer is, for an injunction and abatement of the obstruction.
Any obstruction of a public road or highway wbieli renders its passage less commodious, is a nuisance, and whatever doubts may formerly have existed as to tbe powers of a court *195of chancery to entertain a bill to enjoin and abate a public nuisance, the…
2Cases cited6 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Gould v. HayesSupreme Court of Alabama · 1851
- State v. Mayor of MobileSupreme Court of Alabama · 1837
- Doe ex dem. Chaudron v. MageeSupreme Court of Alabama · 1845
- Bolling v. CarterSupreme Court of Alabama · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- City of Demopolis v. WebbSupreme Court of Alabama · 1888
- Rosser v. Bunn & TimberlakeSupreme Court of Alabama · 1880
- Steele v. SullivanSupreme Court of Alabama · 1881
- New Orleans & Selma Railroad v. JonesSupreme Court of Alabama · 1880
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