City of West End v. Eaves
Supreme Court of Alabama
Bill to Enjoin Obstruction of Highway. Appeal from Birmingham City Court. Heard before Hon. C. G. Nesmith. Bill by tbe city of West End against Jesse Eaves to enjoin tbe obstruction of an alleged public highway by him.
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Bill to Enjoin Obstruction of Highway. Appeal from Birmingham City Court. Heard before Hon. C. G. Nesmith. Bill by tbe city of West End against Jesse Eaves to enjoin tbe obstruction of an alleged public highway by him. From a judgment for respondent, complainant appeals. tbe act done by Powell and tbe public indicated an acceptance of tb'e dedication. — 14 Cyc. 1150; Sharpe v. Marks, 137 Ala. 147. No contract is shown by tbe West End Land Company or ratification by it of tbe acts of its president. — Ala. Nat. Bank v. O’Neal, 128 Ala. 192; 2 Cook on Corp. §§ 712-719. Under the-facts no…
1Opinion of the CourtDenson, J.
This bill is filed for tbe purpose of enjoining respondent from obstructing a public street, known as “Powell Street,” within the corporate limits of the complainant. The vital question in tbe case is whether or not tbe West End Land & Improvement Company, a corporation, in 1887, made an express common-law dedication to tbe public use of tbe land covered by tbe alleged street, as it runs from tbe Alabama Great Southern Bailroad track to tbe Tuscaloosa road. The bill alleges: That Avitbin tbe corporate limits of tbe complainant is a public highway known as “PoAvell *336Street.” That said street…
2Cases cited3 opinions
- Barclay v. Richard W. Howell's LesseeSupreme Court of the United States · 1832
- Stewart v. ConleySupreme Court of Alabama · 1898
- Union Company v. PeckhamSupreme Court of Rhode Island · 1888
3Cited by6 opinions
- Smith v. City of DothanSupreme Court of Alabama · 1924
- Spivey v. StateSupreme Court of Alabama · 1911
- City of Staunton v. Augusta Corp.Supreme Court of Virginia · 1937
- State Ex Rel. Davis v. MeaherSupreme Court of Alabama · 1925
- Ex Parte WilliamsSupreme Court of Alabama · 2000
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