City of Mobile v. Chapman
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Thomas H. Smith, Judge. Suit by Delena L. L. Chapman against the City of Mobile and others. From decree for' complainant, defendants appeal. The maps and plans, directed to be reported, follow: EXHIBIT No I Chancery Court Records Book "R* Pase 8*0
1Opinion of the Court
This cause was submitted and considered under Rule 46, 1 and the opinion of the court was delivered by
Mr. Justice THOMAS.
Appellee filed her bill to enjoin the city of Mobile from laying a sanitary sewer along a certain street or property in that city. The chancery court decreed that appellee was entitled to the relief prayed, but, recognizing the city’s right of eminent domain, allowed the municipality 30 days’ within which to institute condemnation. Const. §§ 23, 235. Appellants obtained a' supersedeas, and brought this appeal.
The averments of the bill were that:
Appellee is the owner of a…
2Cases cited40 opinions
- Barclay v. Richard W. Howell's LesseeSupreme Court of the United States · 1832
- Morgan v. Railroad Co.Supreme Court of the United States · 1878
- Maxwell Land Grant Co. v. DawsonSupreme Court of the United States · 1894
- Hawkins v. Barney's LesseeSupreme Court of the United States · 1831
- City of Demopolis v. WebbSupreme Court of Alabama · 1888
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3Cited by18 opinions
- Dinkins v. LathamSupreme Court of Alabama · 1918
- City of Birmingham v. GrahamSupreme Court of Alabama · 1918
- Fuller v. FairSupreme Court of Alabama · 1919
- Sims v. City of BirminghamSupreme Court of Alabama · 1950
- USA Oil Corporation v. City of LipscombSupreme Court of Alabama · 1974
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