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action adverse possession affirmative agent agreement Alabama alleged Amer amount Anniston appeal appellee assigns as error authority averred Bethea bill Birmingham Blount county bond building cause chancery court charge circuit court claim Code Coffee county Colbert county complainant contract conveyance corporation court of equity creditor Dale county debt decree deed deed of trust defendant defendant's demurrer detinue dollars dynamite election Encyc entitled equity Escambia County evidence execution explosion facts fendant filed fraud ground gunpowder Hudgins indictment indorser injury issue judge judgment jury Koopman & Gerdes land liability lien Linnehan McClellan ment mortgage National Bank negligence notes notice nuisance opinion overruled owner paid party payment person plaintiff plea possession powder probate purchaser question rendered rule secure sheriff statute street sued sufficient suit tended to show therein thereof Thompson tion to-wit transfers trial trust void witness
Page 33 - Assembly from taking the property and franchises of incorporated companies, and subjecting them to public use, the same as the property of individuals...
Page 318 - ... 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.
Page 360 - Company, to recover damages for Injuries received by the plaintiff while in the employ of the defendant as a...
Page 662 - 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.
Page 318 - 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.
Page 351 - 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...
Page 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.
Page 351 - ... 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.
Page 288 - 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.