Stocks v. City of Gadsden
Supreme Court of Alabama
Appeal from Etowah Chancery Court. Heard before Hon. W. W. Whiteside. Bill by A. T. Stock against the city of Gadsden to enjoin the change of the grade of a street. From an order dissolving the preliminary injunction, complainant appeals.
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Appeal from Etowah Chancery Court. Heard before Hon. W. W. Whiteside. Bill by A. T. Stock against the city of Gadsden to enjoin the change of the grade of a street. From an order dissolving the preliminary injunction, complainant appeals. Although reference be had and the amount ascertained and paid into court the injunction should not have been dissolved, as no public necessity is shown. — Town of New Decatur v. Scharferiburg, 41 South. 1025; City Council v. Townsend, 84 Ala. 486. The averment that the change of the grade would not render the street any more safe or convenient is nowhere…
1Opinion of the CourtSayre, J.
The city of Gadsden was proceeding to reconstruct the grade of Haralson street when appellant filed his bill to have the work enjoined until he should be compensated for the injury' which would be *323caused thereby to his abutting property. Preliminary injunction was ordered. After a motion to dissolve on the sworn answer had been overruled, the defendant amended its answer by incorporating a prayer for a reference to ascertain an amount which would secure to complainant full indemnity for the probable damages to his property, and the costs, and that it be allowed to pay over to the register the…
2Cases cited5 opinions
- Columbus & Western Railway Co. v. WitherowSupreme Court of Alabama · 1886
- Town of New Decatur v. ScharfenbergSupreme Court of Alabama · 1906
- City Council of Montgomery v. TownsendSupreme Court of Alabama · 1887
- Mobile & Western Railway Co. v. Fowl River Lumber Co.Supreme Court of Alabama · 1907
- Southern Railway Co. v. Birmingham, Selma & New Orleans Railway Co.Supreme Court of Alabama · 1900
3Cited by1 opinion
- Ex parte LanceSupreme Court of Alabama · 1958