Supreme Court of Alabama, 1950

Kay-Noojin Development Co. v. Kinzer

Supreme Court of Alabama · Decided March 2, 1950 · Lawson, Brown, Foster, Simpson, Stakely

253 Ala. 583; 45 So. 2d 795; 1950 Ala. LEXIS 315

Cases that cite this one

1 later published case cites this decision.

Kay-Noojin Development Co. v. Kinzer (Ala. 1953)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

LAWSON, Justice.

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 ap*584pellant 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.

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