Kirk v. McTyeire
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; Hugh A. Locke, Judge. Bill by Horace E. Kirk against R. P. MeTyeire, as Mayor of the City of Bessemer, and others. From an order denying temporary injunction, complainant appeals. A private person may maintain a bill for the abatement of a public nuisance. 137 Ala. 523, 31 South. 624; 123 Ala. 292, 26 South. 294; 5 Port. 279, 30 Am. Dec. 564 ; 6 Mayf. Dig. 466; 3 Pom. Eq.
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Appeal from Circuit Court, Jefferson County ; Hugh A. Locke, Judge. Bill by Horace E. Kirk against R. P. MeTyeire, as Mayor of the City of Bessemer, and others. From an order denying temporary injunction, complainant appeals. A private person may maintain a bill for the abatement of a public nuisance. 137 Ala. 523, 31 South. 624; 123 Ala. 292, 26 South. 294; 5 Port. 279, 30 Am. Dec. 564 ; 6 Mayf. Dig. 466; 3 Pom. Eq. Jur. 2078. The temporary injunction should have been granted until final hearing on the bill. 6 Mayf. Dig. 464; 157 Ala. 46, 47 South. 197. When a thing complained of is not a…
1Opinion of the CourtMeCLELLAN, J.
This appeal is from a decretal order denying, upon hearing, complainant-appellant’s application for temporary injunction to restrain, pendente lite, the city authorities of Bessemer from proceeding with their desigp to have constructed, on a lot provided by the city an incinerator for the destruction of garbage, débris, the’ carcasses of animals, etc., accumulating in the city, and to forbid the removal of such matter to the place of contemplated incineration through or over a street of the "city on which appellant, with many other citizens, maintains his family residence.
[1] The system of…
2Cases cited2 opinions
- McHan v. McMurrySupreme Court of Alabama · 1911
- Lynne v. RalphSupreme Court of Alabama · 1918
3Cited by9 opinions
- Densmore v. City of BirminghamSupreme Court of Alabama · 1931
- City of Birmingham v. ScoginSupreme Court of Alabama · 1959
- Northwest Home Owners Ass'n v. City of DetroitMichigan Supreme Court · 1941
- Jackson v. DowneySupreme Court of Alabama · 1949
- Sommers v. City of DetroitMichigan Supreme Court · 1938
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