Legal Opinion

Card v. Cunningham

Supreme Court of Alabama

Decided January 18, 1917PublishedCited by 4 opinions

Appeal from Jackson Chancery Court. Heard before Hon. JAMES E. HORTON, Jr. Bill by Maria J. Card against H. M. Cunningham to abate a nuisance. Judgment for respondent and complainant appeals-

1Opinion of the CourtMcclellan, J.

— The bill in this cause, filed by the appellant against the appellee, seeks to abate a public nuisance effected by the act of the appellee in placing a wire fence within the confines of a public roadway, which, the appellant, insists, had long become established by prescription. The chancellor denied the complainant any relief; it being his opinion that appellee’s fence did not obstruct the space previously actually used for road purposes. The chancellor expressly declined to decide whether the line in question was a public road, and, in consequence, whether the complainant would have been…

2Cases cited8 opinions

  1. Rosser v. Bunn & TimberlakeSupreme Court of Alabama · 1880
  2. Trump v. McDonnellSupreme Court of Alabama · 1898
  3. Everglades Sugar & Land Co. v. BryanSupreme Court of Florida · 1921
  4. Jones v. BrightSupreme Court of Alabama · 1903
  5. Duy v. Alabama Western Railway Co.Supreme Court of Alabama · 1911

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Locklin v. TuckerSupreme Court of Alabama · 1922
  2. Harvey v. WarrenSupreme Court of Alabama · 1925
  3. Newell v. DempseySupreme Court of Alabama · 1929
  4. Sharp v. StateAlabama Court of Appeals · 1932

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