Roberts v. Vest
Supreme Court of Alabama
Appeal from the Chancery Court of Morgan. Heard before the Hon. William H. Simpson. The bill in this case was filed on April 15, 1898, by the appellee, Hiram N. Vest, against the appellant, Joseph M. Roberts, for the purpose of having abated .an alleged nuisance consisting in the maintaining by the defendant of a ditch, in' such a manner as to cause the waters of a creek to overflow the lands of the complainant to his injury.
Read the full summary
Appeal from the Chancery Court of Morgan. Heard before the Hon. William H. Simpson. The bill in this case was filed on April 15, 1898, by the appellee, Hiram N. Vest, against the appellant, Joseph M. Roberts, for the purpose of having abated .an alleged nuisance consisting in the maintaining by the defendant of a ditch, in' such a manner as to cause the waters of a creek to overflow the lands of the complainant to his injury. The bill averred the following facts : During the year 1897 the complainant became seized and possessed as the lawful owner of a certain tract of land in Morgan county,…
1Opinion of the Court
SHATÍPE, J.
To protect a land-owner against constant or frequently recurring injuries from the wrongful diversion of water, equity has jurisdiction concurrent with courts of law, and will enjoin the wrongdoer without regard to his ability to respond in damages since a single action at law would not furnish an adequate remedy and a multiplicity of suits can be avoided by proceeding in chancery.—Nininger v. Norwood, 72 Ala. 277; Farris & McCurdy v. Dudley, 78 Ala. 124; Beach on Inj., § 1113; Pomeroy Eq. Jur., § 1350, and note; Stevens v. Stevens, 11 Metc. 248; 45 Am. Dec. 203.
When for such…
2Cases cited8 opinions
- Nininger v. NorwoodSupreme Court of Alabama · 1882
- O'Brien v. City of Saint PaulSupreme Court of Minnesota · 1872
- Farris v. DudleySupreme Court of Alabama · 1884
- Stadler v. GriebenWisconsin Supreme Court · 1884
- Cedar Lake Hotel Co. v. Cedar Creek Hydraulic Co.Wisconsin Supreme Court · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Town of Jefferson v. HicksSupreme Court of Oklahoma · 1909
- Cloyes v. Middlebury Electric Co.Supreme Court of Vermont · 1907
- Town of York v. McAlpinSupreme Court of Alabama · 1936
- Walker v. BergerSupreme Court of Georgia · 1918
- Scott v. King, Texas Court of Appeals, 5th District (Dallas)1983
2 more not listed; retrieve them via the Exa API.