McDonnell v. Murnan Shipbuilding Corporation

Plaintiffs as riparian proprietors seek to recover of the defendant the statutory charge of 5 cents a day for each log or stick of timber of the defendant fastened to certain piles alleged to have been maintained by the plaintiffs in front of their property situated on the banks of the Mobile river.

The suit is brought under the provisions of section 4S18 of the Code of 1907. The demurrer to the complaint as originally framed and subsequently amended having been sustained, plaintiffs took a nonsuit and appeal.

Counts 1 and 2 as last amended and counts A and B, added by amendment, disclose that…