Legal Opinion
Howell v. City of Dothan
Supreme Court of Alabama
Decided May 13, 1937No. 4 Div. 911PublishedCited by 62 opinions
1Opinion of the Court
THOMAS, Justice.
The appeal is from a decree in equity that abated a nuisance caused by the overflow, diversion, and discharge of sewage, and a failure to award damages.
The testimony was not given ore tenus and the decree is not supported by the usual presumptions. The. evidence will be weighed and considered de novo and judgment given as is deemed just in the premises. Michie’s Code and Code 1923, § 10276,- subsec. (1); Wood v. Foster, 229 Ala. 430, 157 So. 863; Fannin v. Trotter, 215 Ala. 17, 109 So. 102.
This court has declared that a suit on a claim against a city brought within the time…
2Cases cited41 opinions
- White v. YawkeySupreme Court of Alabama · 1895
- Polly v. McCallSupreme Court of Alabama · 1860
- Roundtree v. BrantleySupreme Court of Alabama · 1859
- Tennessee Coal, Iron & Railroad v. HamiltonSupreme Court of Alabama · 1893
- City of Birmingham v. WestonSupreme Court of Alabama · 1937
36 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Garrett v. Raytheon Co., Inc.Supreme Court of Alabama · 1979
- Continental Cas. Ins. Co. v. McDonaldSupreme Court of Alabama · 1990
- Gross v. Connecticut Mutual Life Insurance Co.South Dakota Supreme Court · 1985
- Spain v. Brown & Williamson Tobacco Corp.Supreme Court of Alabama · 2003
- Avco Corporation v. Precision Air Parts, Inc.Court of Appeals for the Eleventh Circuit · 1982
57 more not listed; retrieve them via the Exa API.