Legal Opinion

Rouse v. Martin

Supreme Court of Alabama

Decided December 15, 1883PublishedCited by 36 opinions

Appeal from Butler Chancery Court. Heard before Hon. JNO. A. Eostek. This was a bill in equity by W. P. Rouse and F. 0. Smith against Martin & Flowers; was filed on 21st May, 1S84; and the case made thereby is sufficiently stated in the opinion.

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Appeal from Butler Chancery Court. Heard before Hon. JNO. A. Eostek. This was a bill in equity by W. P. Rouse and F. 0. Smith against Martin & Flowers; was filed on 21st May, 1S84; and the case made thereby is sufficiently stated in the opinion. On the filing of the bill, a temporary injunction was granted by Hon. John F. Hubbard, Judge of the Second Judicial Oircuit, which the defendants moved to dissolve on the denials in the answer, and because the bill was without equity. On the hearing, the chancellor caused a decree to be entered, sustaining the motion, and dissolving the injunction;…

1Opinion of the CourtSomeb.yille, J.

The appeal is from a decree of the chancellor dissolving an injunction, which had been granted at the instance of the appellants to interdict the appellees from erecting a structure, with machinery for ginning cotton, in proximity to the dwelling-houses of the complainants and cer-' tain of their tenants in the city of Greenville. The nearest point of the proposed gin-house, which is to be a wooden structure, would be within about eighty-eight feet of the dwelling of one of the complainants, on a lot owUed by the defendants on the opposite, or south side of a public street. It is alleged by…

2Cases cited8 opinions

  1. Campbell v. . SeamanNew York Court of Appeals · 1876
  2. Catlin v. ValentineNew York Court of Chancery · 1842
  3. Kingsbury v. FlowersSupreme Court of Alabama · 1880
  4. State v. Mayor of MobileSupreme Court of Alabama · 1837
  5. Dorsey v. . AllenSupreme Court of North Carolina · 1881

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3Cited by36 opinions

  1. Aufderheide v. Polar Wave Ice & Fuel Co.Supreme Court of Missouri · 1928
  2. Brammer v. Housing Authority of Birmingham Dist.Supreme Court of Alabama · 1940
  3. Hundley v. HarrisonSupreme Court of Alabama · 1898
  4. Kinney v. Koopman & GerdesSupreme Court of Alabama · 1896
  5. McHan v. McMurrySupreme Court of Alabama · 1911

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

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