Legal Opinion

Bellevue Cemetery Co. v. McEvers

Supreme Court of Alabama

Decided July 6, 1910PublishedCited by 18 opinions

Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by C. F. McEvers against the Bellevue Cemetery Company to enjoin the establishment and maintenance of a cemetery, and to enjoin the closing of a highway. From a decree for complainant respondent appeals. A cemetery is not a nuisance per se. — Kingsberry v. Fowler, 65 Ala. 479. The court, therefore, erred in overruling respondent’s demurrer to complainant’s amended bill.

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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by C. F. McEvers against the Bellevue Cemetery Company to enjoin the establishment and maintenance of a cemetery, and to enjoin the closing of a highway. From a decree for complainant respondent appeals. A cemetery is not a nuisance per se. — Kingsberry v. Fowler, 65 Ala. 479. The court, therefore, erred in overruling respondent’s demurrer to complainant’s amended bill. The bill does not show that a cemetery in the locality of respondent’s property is not a public necessity.- — Junythe v. Veraz, 9 S. W. 244. There is…

1Opinion of the CourtMayfield, J.

Appellee filed his bill to enjoin appellant from establishing and maintaining a cemetery upon certain land owned and acquired by it for that purpose. The evident theory of the bill is that establishing and maintaining the cemetery under the conditions set forth in the bill would constitute a nuisance, which the court is asked to enjoin.

Among other things, it is alleged that the land in question, proposed to bé devoted to the purpose of a cemetery, adjoins the lands and residence of complainant; that the land in question is higher than complain*538ant’s land, and that a great part of it is of a…

2Cases cited3 opinions

  1. Kingsbury v. FlowersSupreme Court of Alabama · 1880
  2. Trump v. McDonnellSupreme Court of Alabama · 1898
  3. Upjohn v. Board of HealthMichigan Supreme Court · 1881

3Cited by18 opinions

  1. Gill v. MoreSupreme Court of Alabama · 1917
  2. West v. WestSupreme Court of Alabama · 1949
  3. White v. Luquire Funeral HomeSupreme Court of Alabama · 1930
  4. Higgins v. BlochSupreme Court of Alabama · 1925
  5. Rea v. Tacoma Mausoleum Ass'nWashington Supreme Court · 1918

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