Walker v. Allen
Supreme Court of Alabama
Appeal from the Chancery Court of Jackson. Heard before the Hon. N. S. Graham. The appeal in this case is sued out from a decree overruling a demurrer to the bill, and also overruling a motion to dissolve the injunction and dismiss,the bill for want of equity. The opinion states all the material facts.
1Opinion of the Court
•BBICKELL, C. J.
The original bill, filed by the appellee, seeks an injunction restraining the defendant from constructing a boom across a stream in Jackson county, known as Paint-Roch river. It is not averred that from the construction of the boom any injury will result to the property, or to the rights of property of the complainant; that he owns lands on or adjacent to the stream, which will be overflowed; or that there will be a diversion of the flow of the water from its natural current, which will cause him detriment. The gravamen of the complaint is, that the navigation of the stream…
2Cases cited10 opinions
- The Daniel BallSupreme Court of the United States · 1871
- The MontelloSupreme Court of the United States · 1874
- Morgan v. . KingNew York Court of Appeals · 1866
- Rhodes v. OtisSupreme Court of Alabama · 1859
- Duckworth v. Duckworth's Adm'rSupreme Court of Alabama · 1859
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3Cited by17 opinions
- Cullman Property Co. v. H. H. Hitt Lumber Co.Supreme Court of Alabama · 1917
- Bucki v. ConeSupreme Court of Florida · 1889
- Jones v. BrightSupreme Court of Alabama · 1903
- Gulp, Colorado & Santa Fe Railway Co. v. StateTexas Supreme Court · 1888
- Olive v. StateSupreme Court of Alabama · 1888
12 more not listed; retrieve them via the Exa API.