The Montgomery advertiser., 1902-06-11
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 HEAD NOTES OF THE DECISIONS !:
 OF THE ALABAMA SUPREME COURT.

CONAN. EFT AIS V. CAMPBELL, FOR
 USE, ETC. Action on Promissory Note.-Appeal from
 Circuit Court of Marshall.
 1. Complaint; amendment.-It is neces- sary for an action on a negotiable pro- missory note to be prosecuted by the person holding the legal title: but when begun in the name of the assignee. an amendment making the holder of the le- gal title the nominal plaintiff to the use of the assignee, does not work an entire change of ,..arties.
 2 Stipulation for attorneys fee-Where a promissory note containing ,supula- tiou for. atto-ney's fee is delivered to an attorney for collection. and he collects the principal and interest and afterwards takes the note in payment of his fee; the fact that the principal and interest have been paid is no defense to an action Tor the balance. the amount named for at torneys fee:
 3. Complaint; averment.-In such case 1t is not necessary for the complaint to aver that the amount stipulated for at torneys fee was a reasonable compensa- ton for the services rendered by the at tcrrey in collecting the principal and in tarest.
 4 Promissory note; what no defense for balance. .hic-where a promissory
 note cn,whlch . balance is due is given to an attorney in payment of his fee for
 est therecn. and the balance due being
 the amount stipulated for as attorney s
 fec to be paid if note not paid at matu-
 rity. the fact that the payee is not bound defense for an action for the balance due on note.
 Affirmed.
 Opinion by Mcclellan, C., J.. FIRST NATIONAL BANK V, TYSON Bill in Equity to Enjoin Public Nuisance Appeal from the City Court of Montgomery in Equity.
 sidewalk in the erection of building will be enjoined.-The encroachment upon q sidewalk in city by the erection thereon of pillars in front of building adjacent to the said sidewalk. constitutes a public nuisance for the abatement of which, or to enjoin the erection and maintenance of which, a bill in equity can be maintained. l.. ?. Same; when bill can be maintained by private citizen.-A private citizen who sustains an injury in the erection and maintenance of a public nuisance. differ
 ent in degree and kind from that suffered by the general public can maintain 2 bill in equity to enjoin the erection and maintenance of such public nuisance. 2. Easement 0f view a valuable right and can be preserved.-An easement of view or prospect from every part of a public street is. like light and air. val uab ble right of which the owner Of a building abutting on d street can not De deprived by an encroachment upon the street by a coterminous or adjacent pro- prietor; and to enjoin the erection and maintenance of a building which would obstruct the enjoyment of such right the
 owner of building can maintain bill | in equity.
 {. Same: municipal authorities can rroi grant the right to maintain public nuis- ance.-The authorities of municipality have no power to authorize the encroach. ment upon sidewalk by the erection and maintenance thereon of part Of build A A rtrdt l to the maintenance of bill to enJoir l the erection and maintenance or such ob, struction. that the complaint who ownee | the adjacent or coterminous building had
 applied. without success to the authori l ties of the city for relief.
 5. Public nuisance; fact that complaint | is guilty of obstructing sidewalks. nc reason why he can not maintain blli te l abate public nuisanee.-1t Is no defense | to a hill filed to enioin the erection anc | maintenance of an obstruction upon 2 1 sidewalk adjacent to the complainant | property. that the building owned by the | compiaiptant itself eneroaches upon saic | sidewalk.
 | & Bill to cnjoin public nuisance; wher 1 plea bad for duplicity.-Where a bill l: | filed to enjoin the erection and mainte nance of part of building which eh
 croaches upon sidewalk in a city, upor | the ground that 1t was public nuisance | and ohstructing the complainants en | joyment of light air and view. pies | which sets up that the complainant wns | owned the adjacent building consented tt | the encroachment upon the sidewalk, ant
 which further sets up as defense tha | the compla inant was not entitled 10 nave | the light air and view come to his build | ing from that part of the street In from
 of defendants building to when the ae | fendant has a fee, Is bad for duplicity ] Affirmed
 1 Opinion by Haralson. J.. Tyson, J., moi
 sitting.