Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volumen116 |
Dentro del libro
Resultados 1-5 de 48
Página 56
... of the police power , inherent in the State , and the changed use of the street ceases to be a public nuisance of which any one [ Mobile & Montgomery R'y Co. v . Alabama Midland VOL . 116. ! 56 [ Nov. Term , SUPREME COURT.
... of the police power , inherent in the State , and the changed use of the street ceases to be a public nuisance of which any one [ Mobile & Montgomery R'y Co. v . Alabama Midland VOL . 116. ! 56 [ Nov. Term , SUPREME COURT.
Página 57
... nuisance upon such street ; and that an injunction will not lie in favor of such proprietor , to restrain the con- struction and operation thereof . - Western Railway v . Ala . G. T. R. R. Co. , 96 Ala . 272 , approving Perry v . R. R. ...
... nuisance upon such street ; and that an injunction will not lie in favor of such proprietor , to restrain the con- struction and operation thereof . - Western Railway v . Ala . G. T. R. R. Co. , 96 Ala . 272 , approving Perry v . R. R. ...
Página 58
... nuisance of which any one can complain . See an able discussion of this subject in Barney v . City of Keokuk , ( 4 Otto , ) 94 U. S. 324. When , however , under the first named of the above classes , the ultimate fee remains in the land ...
... nuisance of which any one can complain . See an able discussion of this subject in Barney v . City of Keokuk , ( 4 Otto , ) 94 U. S. 324. When , however , under the first named of the above classes , the ultimate fee remains in the land ...
Página 59
... nuisance , and would . greatly injure and depreciate the value of two town lots owned by complainant , who was an adjacent owner , claiming a right to the center of the street . The bill al- leged that the defendant had never paid or ...
... nuisance , and would . greatly injure and depreciate the value of two town lots owned by complainant , who was an adjacent owner , claiming a right to the center of the street . The bill al- leged that the defendant had never paid or ...
Página 182
... nuisance , was not unlawful , and the winner might even maintain an action of assumpsit for the stake won . With us , it is altogether a statutory offense . - 8 Am . & Eng . Encyc . of Law , 1034 ; Tindall v . Childress , 2 Stew ...
... nuisance , was not unlawful , and the winner might even maintain an action of assumpsit for the stake won . With us , it is altogether a statutory offense . - 8 Am . & Eng . Encyc . of Law , 1034 ; Tindall v . Childress , 2 Stew ...
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Términos y frases comunes
action adverse possession affirmative agreement Alabama alleged amount appeal appellee assigns as error authority averred Bethea bill Birmingham Blount county bona fide purchaser bond building cause chancery court charge circuit court claim claimants Code Coffee county Colbert county collateral complainant contract conveyance corporation court of equity creditor Dale county damages debt decree deed defendant defendant's demurrer detinue dollars election Encyc entitled equity Escambia County execution explosion facts fendant filed fraud Hudgins indictment indorser injury issue judgment jury Koopman & Gerdes land levied liability lien Linnehan McClellan & Scheerer ment Montgomery mortgage National Bank negligence notes notice nuisance overruled owner paid party payment person plaintiff plea possession probate promissory notes purchase question recover rendered rule secure sheriff statute street sued sufficient suit tended to show therein thereof Thompson tion transfers trial trust void witness
Pasajes populares
Página 33 - Assembly from taking the property and franchises of incorporated companies, and subjecting them to public use, the same as the property of individuals...
Página 188 - No law shall be revived, amended, or the provisions thereof extended, or conferred by reference to its title only, but so much thereof as is revived, amended, extended, or conferred, shall be reenacted, and published at length.
Página 312 - ... is applied to that class of wrongs that arise from the unreasonable, unwarrantable or unlawful use by a person of his own property, real or personal, or from his own improper, indecent or unlawful personal conduct, working an obstruction of, or injury to, a right of another or of the public, and producing such material annoyance, inconvenience, discomfort or hurt, that the law will presume a consequent damage.
Página 354 - Company, to recover damages for Injuries received by the plaintiff while in the employ of the defendant as a...
Página 656 - Upon the introduction of all the evidence, the defendant requested the court to give to the jury the following charges, and separately excepted to the court's refusal to give each of them as asked: (1.) "If the jury believe the evidence, they must find for- the defendant.
Página 312 - The term *nuisance' in legal phraseology is applied to that class of wrongs that arise from the unreasonable, unwarrantable, or unlawful use by a person of his own property, real or personal, or from his own improper, indecent, or unlawful personal conduct, working an obstruction or injury to a right of another, or of the public, and producing such material annoyance, inconvenience, discomfort or hurt, that the law will presume a consequent damage.
Página 345 - But where the thing sought to be restrained is not unavoidably and in itself noxious, but only something which may according to circumstances prove so...
Página 34 - ... and individuals invested with the privilege of taking private property for public use shall make just compensation for property taken, injured or destroyed by the construction or enlargement of their works, highways or improvements, which compensation shall be paid or secured before such taking, injury or destruction.
Página 345 - ... to meet the question. The distinction between the two kinds of erection or operation is obvious, and the soundness of that discretion seems • undeniable, which would be very slow to interfere, where the thing to be stopped, while it is highly beneficial to one party, may very possibly be prejudicial to none.
Página 282 - If it is a mere written agreement, solemn or otherwise, still, while it exists, it is always liable to be applied to improper purposes ; and it may be vexatiously litigated at a distance of time, when the proper evidence to repel the claim may have been lost, or obscured; or when the other party may be disabled*- from contesting its validity with as much ability and force as he can contest it at the present moment.