Harbison v. Campbell
Supreme Court of Alabama
Appeal from Cullman Chancery Court. Heard before Hon. W. H. Simpson. Bill by J. H. Harbison against N. J. Campbell to enjoin the obstruction of a public road. From a decree sustaining demurrer to the bill and dissolving the injunction, complainant appeals.
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Appeal from Cullman Chancery Court. Heard before Hon. W. H. Simpson. Bill by J. H. Harbison against N. J. Campbell to enjoin the obstruction of a public road. From a decree sustaining demurrer to the bill and dissolving the injunction, complainant appeals. The bill sufficiently showed an injury to complainant special and peculiar and different from that suffered by the public generally. — -7 ones v. Bright, 140 Ala. 268; Roberts v. Matthews, 137 Ala. 523; Oabbell v. Williams, 127 Ala. 327; Sloss-Sheffield Go. v. Johnson, 147 Ala. 384. The bill sufficiently showed the establishment of the road…
1Opinion of the CourtSimpson, J.
The bill-in this cause is filed by the appellant, seeking to enjoin the obstruction of a public *245road. After alleging complainant’s ownership of lands, the third section of the bill alleges that on February 18, 1908, the court of county commissioners of Cull-man county made an order establishing the public road in question, describing it, attaching a copy of the order as “Exhibit A,” and alleges that “said road was opened up in pursuance of said order and has been in continuous use by the public as a public road ever since. The same was obstructed by the defendant as hereinafter set out.”…
2Cases cited9 opinions
- State v. Mayor of MobileSupreme Court of Alabama · 1837
- Comm'rs' Count of Lowndes Co. v. BowieSupreme Court of Alabama · 1859
- Baldwin v. EnsignSupreme Court of Connecticut · 1881
- Walker v. AllenSupreme Court of Alabama · 1882
- R. Bishop's Heirs v. Adm'r & Heirs of S. BishopSupreme Court of Alabama · 1848
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3Cited by14 opinions
- City of Birmingham v. Hood-Mcpherson Realty Co.Supreme Court of Alabama · 1937
- Purvis v. BuseySupreme Court of Alabama · 1954
- Smith v. SmithSupreme Court of Alabama · 1985
- Auerbach v. ParkerSupreme Court of Alabama · 1989
- City of Troy v. WatkinsSupreme Court of Alabama · 1918
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