City of Birmingham v. Fairview Home Owners Ass'n

This cause comes to us by appeal of the respondent, City of Birmingham, from a decree overruling its demurrer to a bill seeking a permanent injunction of an alleged nuisance and resulting damage to complainants.

In the caption of the bill the parties are named as Fairview Home Owners Association, “an unincorporated association composed of the following members and other members so numerous as to make it impracticable to bring them all before the court at this time” (it then names twenty-seven individuals). In the body of the bdl in paragraph one, it is stated in substance that this action is…