History
  • No items yet
midpage
Weiss v. Taylor
144 Ala. 440
Ala.
1905
Check Treatment
DOWDELL, J.

The 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.

When 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.

The 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.

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

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

Case Details

Case Name: Weiss v. Taylor
Court Name: Supreme Court of Alabama
Date Published: Nov 23, 1905
Citation: 144 Ala. 440
Court Abbreviation: Ala.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.