Ray v. Lynes
Supreme Court of Alabama
Error to the Chancery Court at Macon. Bill by the plaintiff in error, for an injunction against an alledged nuisance. The bill charges, that the complainant is the owner of a lot in the town of Tuskegee, on which is a dwelling house, worth $600, which he occupies with his family.
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Error to the Chancery Court at Macon. Bill by the plaintiff in error, for an injunction against an alledged nuisance. The bill charges, that the complainant is the owner of a lot in the town of Tuskegee, on which is a dwelling house, worth $600, which he occupies with his family. That the defendants own the adjoining lot, and have commenced the erection of a building for a blacksmith shop, as he is informed and believes, which will run back to the corner of the dwelling house, and will obstruct the light, which a window nearest the contemplated erection has been accustomed to afford to…
1Opinion of the CourtOrmond, J.
The power of the court of chancery to interfere by injunction in the case of a private nuisance, from the inability of a court of law to afford adequate redress in all cases, is clearly established. It must nevertheless be admitted, that it belongs to the extraordinary powers of the court, and should be cautiously and sparingly exercised. We gave some consideration to this subject in the case of Rosser v. Randolph, 7 Porter, 245, and we then laid down the rule to be, that to authorize the interference of the court by injunction, “ it must be satisfactorily established that the proposed…
2Cases cited1 opinion
- Rosser v. RandolphSupreme Court of Alabama · 1838
3Cited by16 opinions
- Rouse v. MartinSupreme Court of Alabama · 1883
- English v. Progress Electric Light & Motor Co.Supreme Court of Alabama · 1891
- St. James' Church v. ArringtonSupreme Court of Alabama · 1860
- Gulf House Ass'n, Inc. v. Town of Gulf ShoresSupreme Court of Alabama · 1985
- Chambers v. CramerWest Virginia Supreme Court · 1901
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