City Huntsville v. E. P. Miller Et Al. Book Reviews

City Huntsville v. E. P. Miller Et Al. by Supreme Court of Alabama Book Summary

GOODWYN, Justice. Complainants, appellees here, filed a bill of complaint in the circuit court of Madison County, in equity,
against the City of Huntsville, appellant here, seeking to enjoin, as a nuisance, the collection by said City of surface waters
in the vicinity of complainants' lands and depositing such waters on said lands, and also seeking damages to the lands resulting
therefrom. In its final decree, after the taking of testimony ore tenus, the trial court denied injunctive relief but awarded
damages to complainants. The City appeals from that decree. At the threshold, we are confronted with a jurisdictional question: Can a court of equity, after denying all equitable relief
sought in a cause, retain jurisdiction and grant relief available at law? Our cases hold that it cannot; that it is a matter
of jurisdiction which this court must notice even though no issue on the point is made by the parties.

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City Huntsville v. E. P. Miller Et Al. (Supreme Court of Alabama) Book Reviews 2024

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