Supreme Court of Alabama May 13, 1937, 4 Div. 911. (Howell v. City of Dothan)

THOMAS, Justice.

The appeal is from a decree in equity that abated a nuisance caused by the overflow, diversion, and discharge of sewage, and a failure to award damages.

The testimony was not given ore tenus and the decree is not supported by the usual presumptions. The. evidence will be weighed and considered de novo and judgment given as is deemed just in the premises.