The age-herald., 1900-11-25
DEGREE RENDERED
 AGAINST THE CITY Must Get New Sewerage Outlet
 in Six Months PRESENT ONE A NUISANCE Chancellor Carmichael Renders De- cision In the Suit of James L. San- difur Against Mayor and Alder
 Men-Full Text of Decree.
PRESENT ONE A NUISANCE

Chancellor John c. Carmichael of the Chancery Court rendered a decree yester- day In the case of James l.. Sandefur vs. Mayor and Aldermen of Birmingham, in which he held that the present discharge of the Birmingham sewage Into Valley Creek at it's present point Is a nuisance to petitioner, and the city is ordered to make other arrangements within six months. Fol lowing is the text of the decision:
 This cause coming on to be heard al this time was submitted for final decree on the amended bill of complaint the answer thereto and the written agreement of the parties on file. And the same having been duly considered and understood by the court, the court is of opinion that the com plainant Is entitled to the relief prayed for. It is therefore ordered, adjudged and de- creed that said exceptions be and they are hereby overruled.
 It is further ordered, adjudged and de- creed by this court that the discharge of the sewage of and from the city of Birming ham into the Valley Creek by the respon- dent at point where the same is now dis charged in the northeast quarter of the southwest quarter of section four township eighteen, range three west, in Jefferson SOuhly, TAAehudLldj tue SdIn6 Del1lS d DOuy or land in which complainant owns and owned at the time of the filing of this bill sub stantial interest, and upon which he now resides and resided at the time of the filing of this bill is nuisance established and maintained by the defendant, which works special injury to the complainant.
 It is, therefore, further ordered, adjudged and decreed by this court that the said nui- sance be and the same is hereby abated, and that writ of injunction be issued by the register of this court directing, requir- ing, commanding and enjoining the res pondent, it's officers, attorneys, soci- tors, agents, servants and employees to forever cease emptying and dls- charging the sewage of and from the city of Birmingham, or any part thereof, into said Valley Creek at a point in or nearly above or nearly below the northeast quar- ter of the southwest quarter of section 1, township IS, range west in Jefferson County, Alabama, under the penalties of the law for such cases made and provided
 And it appearing to the court that said nuisance cannot be immediately abated and that six months is a reasonable time for the respondent to abate the same, it is fur ther ordered, adjudged and decreed that said writ of injunction issue upon the 24th day of May, 1901, and not sooner
 It is further ordered that this decree be enrolled and that copy thereof be imme- diately served on the respondent, and that this case be retained on the docket of this court for such further orders and decrees as may be necessary or proper to protect and enforce the rights of the parties, and the court reserves the right to enlarge the time for the abatement of the said nui- sance upon proper application and proof It is further ordered that the costs of this suit be taxed against the respondent.
 JOHN c. CARMICHAEL,
 November 24, 1900 Chancellor
 An appeal from this decision has been taken by the city of Birmingham and the case will now go to the Supreme Court.