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144 Ala. 440

Weiss v. Taylor

Supreme Court of Alabama

Decided November 23, 1905

Supreme Court of Alabama · decided 1905-11-23

Heard before Hon. A. D. Sayre. Bill by George W. Taylor and others against Julius A. Weiss, as administrator. Prom a decree in favor of complainants, defendant appeals. This was a; bill to open an alleyway between lots in a cemetery and to remove obstructions therein, and for injunction against maintaining obstructions therein.

Relies on City of Demopolis v. Webb · Reed v. Mayor of Birmingham · Wright & Rice v. Moore

Good law ✅— No negative treatment on recordhow we know

Decided 1905-11-23

How this case has been cited

Cited by 14 later decisions — most recently December 1969

12 state decisions

401905191019201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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DOWDELL, J.

¶1The appeal in this case is taken from a final decree of the city court. The cause was submitted for final decree upon the pleadings and agreed statement of facts. We think there can be no doubt that the complainants hace such special interests in the subject-matter as would authorize them to maintain the bill. Unquestionably the court of chancery has jurisdiction to enjoin a public nuisance' and the permanent obstruction of a public street is a public nuisance. — Reed v. Birmingham; 92 Ala. 339, 9 South. 161; Demopolis v. Webb, 87 Ala. 659. 6 South. 408; High on Injunctions, § 816; 3 Pomeroy, Eq. Jur. § 1349.

¶2When lots are sold with reference to a recorded plat, a dedication of the streets and alleys, as laid out in such plat, is perfected, and on the undisputed facts' in this case, there can be no doubt as to a dedication of the alley in question. — Reed v. Birmingham, supra; Demopolis v. Webb, supra;5 Am. & Eng. Ency. Law, 400.

¶3The statute of limitations is no defense to a bill filed for the abatement of a public nuisance.- — Wright v. Moore, 38 Ala. 593; Olive v. State, 86 Ala. 88, 5 South. 653, 4 L. R. A. 33; Reed v. Birmingham, supra;Dillon on Munic. Corp. Vol. 2, § 675; Elliot on Roads and Streets, p. 490.

¶4There is no error in the decree appealed from, and the same will be affirmed.

I-Iaualson, Anderson, and Denson, JJ., concur.
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