Rosser v. Randolph
Supreme Court of Alabama
Error to the Circuit court of Tuskaloosa county, exercising chancery jurisdiction. Bill to abate a nuisance. In this case, the bill stated that complainant lived on Adams’ creek, a tributary of Big Sandy creek, in said comity; and that Benjamin F. Randolph had purchased of the United States, a tract of land lying on said creek, adjoining the lands of complainant, and had intimated his intention of building a saw-mill thereon, which complainant was apprehensive would destroy…
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Error to the Circuit court of Tuskaloosa county, exercising chancery jurisdiction. Bill to abate a nuisance. In this case, the bill stated that complainant lived on Adams’ creek, a tributary of Big Sandy creek, in said comity; and that Benjamin F. Randolph had purchased of the United States, a tract of land lying on said creek, adjoining the lands of complainant, and had intimated his intention of building a saw-mill thereon, which complainant was apprehensive would destroy the health of the neighborhood, and put in imminent danger the lives of his family. That Robert 1 Martin and Benjamin…
1Opinion of the CourtOrmond, J.
— It was made a question at the bar, whether a bill could be filed by an individual to enjoin a nuisance, which, although it might affect him, was also public in its character; and whether the proper mode of proceeding, was not by information.
*245Although in the case of the Attorney General vs the Utica Insurance Company, (2 Johns. Chan. Rep. 371,) this right is doubted by Chancellor Kent, and was formerly doubted in England, the question appears to be settled by the recent English decisions, and was so determined by this court, in the case of the State, ex rel. of the Mayor and Aldermen of…
2Cases cited1 opinion
- State v. Mayor of MobileSupreme Court of Alabama · 1837
3Cited by17 opinions
- Irwin v. DixionSupreme Court of the United States · 1850
- Gilbert v. ShowermanMichigan Supreme Court · 1871
- Dunn v. City of AustinTexas Supreme Court · 1889
- Kingsbury v. FlowersSupreme Court of Alabama · 1880
- Burnett v. CraigSupreme Court of Alabama · 1857
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