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PATE v. CITY OF MARTIN

586 S.W.2d 834 (1979)

Wendell PATE and wife, Mary Betty Pate, Plaintiffs-Appellants, v. CITY OF MARTIN, a municipal corporation, Defendant-Appellee.

Court of Appeals of Tennessee, Western Section.

Certiorari Denied September 17, 1979.

Attorney(s) appearing for the Case

William A. Largen, Dresden, C.W. Miles, III, Union City, for plaintiffs-appellants.

William M. Maloan, Brundige & Maloan, Martin, for defendant-appellee.

Certiorari Denied by Supreme Court September 17, 1979.

MATHERNE, Judge.

The plaintiffs allege that the defendant city has created and maintains a nuisance in the form of a sewage lagoon and sue to abate the nuisance and to recover property damages suffered because of the nuisance.

By motion to dismiss the city alleges that the Chancery Court sitting in Weakley County, Tennessee, is without jurisdiction of the subject matter of this litigation. The...

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