80 So. 408 | Ala. | 1918
The equity of the present bill was settled upon the former appeal, and it was there held that the respondents' demurrer was without merit. Louisville N. R. Co. v. Mauter,
The trial court prepared an able and exhaustive opinion in this case, wherein the legal questions as to the complainant's injunctive relief were involved and well and correctly treated same, and we fully approve said opinion, except in the one particular hereinafter noted. The proof shows that the work or improvement producing the injury to the complainant was complete for more than a year before the bill was filed, and continued unchanged up to the filing of the bill. The claim for damages, therefore, arose from the completion of the work, and the failure to take steps for the recovery of same within a year enables the respondents to invoke the statute of limitations of one year. Whaley v. Wilson,
The decree granting the complainant relief and awarding a permanent injunction unless the grievance is abated within a reasonable time to be fixed by the trial court is affirmed. So much of the decree, however, as awarded the complainant a moneyed judgment *327 for damages is reversed, and one is here rendered disallowing the same.
Affirmed in part, reversed and rendered in part, and remanded. Appellee taxed with cost of this appeal; all other cost to be taxed against appellants.
MAYFIELD, SOMERVILLE, and THOMAS, JJ., concur.