Jones v. Bright
Supreme Court of Alabama
Appeal from the Chancery Court of Cullman. Tried before the Hon. William H. Simpson. The bill in this case was filed by the appeliants against the appellee, J. N. Bright, and sought to have the court compel the defendant to remove obstructions to a public road and to restrain the defendant from interfering with defendant’s use of said road as a highway and from closing np or obstructing the same in any way. • It was averred in the bill that each of the complainants reside…
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Appeal from the Chancery Court of Cullman. Tried before the Hon. William H. Simpson. The bill in this case was filed by the appeliants against the appellee, J. N. Bright, and sought to have the court compel the defendant to remove obstructions to a public road and to restrain the defendant from interfering with defendant’s use of said road as a highway and from closing np or obstructing the same in any way. • It was averred in the bill that each of the complainants reside and owned farms along the north end of said road which is described in the hill of complaint. As to the road being a…
1Opinion of the CourtTyson, J.
The original bill in this cause was held by tlie chancellor, upon submission upon demurrer and motion to .dismiss for want of equity, to be defective but to contain equity with leave to complainants to amend. The amendment was made in the form of a substituted bill, which is a permissible practice frequently indulged in.
To this substituted bill a demurrer, consisting of many assignments, was interposed and also a motion to dismiss for want of equity. The cause ivas then submitted for decree in vacation upon the demurrer and motion, resulting in a decree dismissing the amended bill for want of…
2Cases cited11 opinions
- Yates v. PeopleNew York Supreme Court · 1810
- City of Demopolis v. WebbSupreme Court of Alabama · 1888
- Trump v. McDonnellSupreme Court of Alabama · 1898
- Green v. OakesIllinois Supreme Court · 1855
- Ewell v. GreenwoodSupreme Court of Iowa · 1868
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Locklin v. TuckerSupreme Court of Alabama · 1922
- Purvis v. BuseySupreme Court of Alabama · 1954
- Duy v. Alabama Western Railway Co.Supreme Court of Alabama · 1911
- Board of County Commissioners v. PatrickWyoming Supreme Court · 1909
- Sloss-Sheffield Steel & Iron Co. v. JohnsonSupreme Court of Alabama · 1906
23 more not listed; retrieve them via the Exa API.