Johnson v. Common Council
Supreme Court of Alabama
Appeal from the Chancery Court of Tallapoosa. Heard before the Hon. J. It. Dowdell. The bill'in this case was filed by the appellee, the Common Council of Dadeville, against one John H. Ham and James Johnson.
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Appeal from the Chancery Court of Tallapoosa. Heard before the Hon. J. It. Dowdell. The bill'in this case was filed by the appellee, the Common Council of Dadeville, against one John H. Ham and James Johnson. The purpose of the bill was to have a dwelling house and fence, which the bill avers was obstructing and closing up a public street in the town of Dadeville, known as Eufaula Street, declared a nuisance, and moved, and that the defendants be enjoined from further use of said house and inclosure. This is the second appeal on the case (TOO Ala. 199). After the reversal of the decree on the…
1Opinion of the CourtTyson, J.
After a reversal of this cause on a former appeal (Ham v. Common Council of Dadeville, 100 Ala. 199), -the bill was amended. To the bill as amended, the respondents 1-Iam and Johnson filed a joint answer. The respondent Johnson also filed a plea in these words: “This respondent by way of plea to the original and amended bills in this cause says that most valuable improvements were made on the street alleged to be obstructed by respondent or those under whom he derived title claiming the sainé bona fide as his own and that said improvements consist of a residence of the value of more than five…
2Cases cited9 opinions
- Hoole v. Attorney GeneralSupreme Court of Alabama · 1853
- White, McLane & Morris v. FarrisSupreme Court of Alabama · 1899
- Harn v. Common CouncilSupreme Court of Alabama · 1893
- Tyson v. Decatur Land Co.Supreme Court of Alabama · 1898
- City of Hannibal v. Heirs & Adm'r of DraperSupreme Court of Missouri · 1865
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3Cited by4 opinions
- State Ex Rel. Davis v. MeaherSupreme Court of Alabama · 1925
- Gulf, M. N. R. Co. v. PistoleSupreme Court of Alabama · 1928
- Adair & Co. v. FederSupreme Court of Alabama · 1901
- Holloway v. Southern Building & Loan Ass'nSupreme Court of Alabama · 1902