Scharfenburg v. Town of New Decatur
Supreme Court of Alabama
Bill to Enjoin Change of Oracle of Street. Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by Williams Scba.rfenbu.rg against tbe town of New Decatur to abate a nuisance growing out of tbe grade of street and for damag’es. From a decree for respondent, complainant appeals.
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Bill to Enjoin Change of Oracle of Street. Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by Williams Scba.rfenbu.rg against tbe town of New Decatur to abate a nuisance growing out of tbe grade of street and for damag’es. From a decree for respondent, complainant appeals. Any inconsistency between tbe averments of tbe plea and those in tbe bill as amended cannot cure tbe defect in tbe plea wbicb is required by law to avoid every matter in tbe bill as amended. — 3 Edward’s Clian. 131; 8 N. H. 280; 4 John. Oban. 693; 4 G. Green, 420; 51 Vt. 216; 43 N. EL 249; 31 Fed.…
1Opinion of the CourtTyson, C. J.
This case was before the court on a former appeal, and is reported in 147 Ala. 367, 41 South. 1025. On that occasion it was held that pleas 4 and 5 were sufficient. These pleas set up, as an estoppel against the relief prayed, that appellant had induced the defendant to undertake the work complained of and to incur pecuniary liabilities therefor. On the return of the case to the lower court the bill was amended, and went into greater details as to the injurious consequences of the change of the grade of the street, and made averments to meet the allegations of these pleas. Said pleas 4 and 5…
2Cases cited7 opinions
- Henshaw v. BissellSupreme Court of the United States · 1874
- The State of Rhode Island v. the State of MassachusettsSupreme Court of the United States · 1840
- McKay & Roche v. Southern Bell Telephone Co.Supreme Court of Alabama · 1895
- Town of New Decatur v. ScharfenbergSupreme Court of Alabama · 1906
- Jones v. McPhillipsSupreme Court of Alabama · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Mudd v. LanierSupreme Court of Alabama · 1945
- Alabama Baptist Hospital Board v. CarterSupreme Court of Alabama · 1932
- Clark v. WhitfieldSupreme Court of Alabama · 1925
- Penton v. Brown-Crummer Inv. Co.Supreme Court of Alabama · 1930
- Montgomery Light Water Power Co. v. ThombsSupreme Court of Alabama · 1920
38 more not listed; retrieve them via the Exa API.