City of Birmingham v. Darden
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Thea Darden against the town of East Lake for damages for maintaining a nuisance. Pending the trial the limits of the city of Birmingham, were so extended as to include the town of East Lake, and by amendment the city of Birmingham was substituted as the sole defendant. Judgment for plaintiff and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Thea Darden against the town of East Lake for damages for maintaining a nuisance. Pending the trial the limits of the city of Birmingham, were so extended as to include the town of East Lake, and by amendment the city of Birmingham was substituted as the sole defendant. Judgment for plaintiff and defendant appeals. Counsel insists that there was no authority in law whatever for the substitution of the city of Birmingham as the sole party defendant, and that the court erred in permitting it to be done, but cites no…
1Per curiam
This is an action by the appellee for damages resulting from the maintenance of a nuisance. The action was originally against the town of East Lake, a municipal corporation, but, during the progress of the case, the act known as the “Greater Bir*481mingham Act” (Acts 1909, p. 392) was passed, by which the corporate limits of the city of Birmingham were extended so as to include the town of East Lake, and thereupon a motion was made to strike from the complaint the name of the town of East Lake, and insert in lieu thereof the name of the city of Birmingham, which motion was granted; and the first…
2Cases cited12 opinions
- Springfield Fire & Marine Insurance v. DeJarnettSupreme Court of Alabama · 1895
- Huffmire v. . City of BrooklynNew York Court of Appeals · 1900
- Barber v. City of East DallasTexas Supreme Court · 1892
- Davis Avenue Railroad v. MallonSupreme Court of Alabama · 1876
- Vinegar Bend Lumber Co. v. Chicago Title & Trust Co.Supreme Court of Alabama · 1901
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3Cited by3 opinions
- City of Huntsville v. GoodenrathAlabama Court of Appeals · 1915
- Hamilton v. City of AnnistonSupreme Court of Alabama · 1959
- Water Works and Sewer Board of Fairhope v. BrownSupreme Court of Alabama · 1958