From Casetext: Smarter Legal Research

Kay-Noojin Development Co. v. Kinzer

Supreme Court of Alabama
May 4, 1950
45 So. 2d 795 (Ala. 1950)

Opinion

8 Div. 511.

March 2, 1950. Rehearing Denied May 4, 1950.

Appeal from the Circuit Court, Madison County, E. H. Parsons, J.

Douglass Taylor, Robt, K. Bell, Taylor, Bell Taylor and Patrick W. Richardson, all of Huntsville, for appellant.

Clarence L. Watts and Walter F. Eigenbrod, of Huntsville, for appellee.


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 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.


Summaries of

Kay-Noojin Development Co. v. Kinzer

Supreme Court of Alabama
May 4, 1950
45 So. 2d 795 (Ala. 1950)
Case details for

Kay-Noojin Development Co. v. Kinzer

Case Details

Full title:KAY-NOOJIN DEVELOPMENT CO. v. KINZER

Court:Supreme Court of Alabama

Date published: May 4, 1950

Citations

45 So. 2d 795 (Ala. 1950)
45 So. 2d 795

Citing Cases

Kay-Noojin Development Co. v. Kinzer

Walter F. Eigenbrod, Huntsville, for appellee. Upper proprietor may not cast rain water upon premises of…