Kay-Noojin Development Co. v. Kinzer

45 So. 2d 795, 253 Ala. 583, 1950 Ala. LEXIS 315
CourtSupreme Court of Alabama
DecidedMarch 2, 1950
Docket8 Div. 511
StatusPublished
Cited by2 cases

This text of 45 So. 2d 795 (Kay-Noojin Development Co. v. Kinzer) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kay-Noojin Development Co. v. Kinzer, 45 So. 2d 795, 253 Ala. 583, 1950 Ala. LEXIS 315 (Ala. 1950).

Opinion

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[584]*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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Related

Kay-Noojin Development Co. v. Kinzer
65 So. 2d 510 (Supreme Court of Alabama, 1953)

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Bluebook (online)
45 So. 2d 795, 253 Ala. 583, 1950 Ala. LEXIS 315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kay-noojin-development-co-v-kinzer-ala-1950.