DUNCAN v. CITY OF TUSCALOOSA

6 Div. 371.

60 So.2d 438 (1952)

DUNCAN v. CITY OF TUSCALOOSA.

Supreme Court of Alabama.

August 27, 1952.


Attorney(s) appearing for the Case

McQueen & McQueen and Jas. E. Morrisette, Tuscaloosa, for appellant.

S. H. Sprott and E. D. McDuffie, Tuscaloosa, for appellee.


STAKELY, Justice.

This is an appeal from a decree of the equity court overruling the demurrer to a bill in equity. The purpose of the bill is to abate an alleged nuisance. The allegations of the bill substantially show the following.

The City of Tuscaloosa, the complainant, is a municipal corporation. Richard B. Duncan, the respondent, is engaged in the business of buying chickens by the thousands when very young and raising them for sale on a lot in the City...

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