Kay-Noojin Development Co. v. Kinzer
253 Ala. 583
Ala.
1950
Check Treatment

This is an appeal from a decree overruling a demurrer to a bill in equity.

Marvin D. Kinzer, appellee, filed the bill against appellant, Kay-Noojin development Company, seeking to enjoin the appellant *Page 584 from maintaining an alleged nuisance and seeking damages for injuries to his property.

The demurrer contained only one ground, namely, that there is no equity in the bill.

The principles discussed and approved by the court on this day in the case of Kay-Noojin Development Company v. Hackett et al., post, p. 588, 45 So.2d 792 are in all respects controlling here.

The judgment appealed from is affirmed upon the authority of that case.

Affirmed.

BROWN, FOSTER, SIMPSON and STAKELY, JJ., concur.