Martin v. Rushton
Supreme Court of Alabama
Appeal from the Probate Court of Crenshaw county. William Rushton filed his petition in the probate court of Crenshaw county, for permission to erect a public grist mill on Capps’ mill creek, in said county.
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Appeal from the Probate Court of Crenshaw county. William Rushton filed his petition in the probate court of Crenshaw county, for permission to erect a public grist mill on Capps’ mill creek, in said county. After the usual notice, and proceedings, a jury of inquest was summoned, who, after being duly sworn, and charged by the sheriff, and after examination of the premises, made return of their inquest in writing, as follows : “We, the undersigned jurors, summoned, &c., do hereby certify, that we this day met at the place where the dam is to be erected, which is specified in the application…
1Opinion of the CourtJudge, J.
In the execution of the writ of ad quod damnum, in cases like the present, the sheriff is required to attend with the jury at the place where the dam is to be erected, and to administer to them the proper oath. He •must then charge the jury, as follows :
“1. To examine the land, above and below, belonging to others, which may probably be overflowed or injured, and ascertain and assess the.damages resulting from the erection of such dam, to the several owners of such lands.
■ “2. If the residence of such owner, or the out-houses, *291enclosures, gardens, or orchards thereto immediately belonging,…
2Cases cited4 opinions
- Holmes v. GayleSupreme Court of Alabama · 1840
- Jordan's Adm'r v. HubbardSupreme Court of Alabama · 1855
- Owen v. JordanSupreme Court of Alabama · 1855
- McMillian v. WallaceSupreme Court of Alabama · 1830
3Cited by8 opinions
- McAllilley v. HortonSupreme Court of Alabama · 1883
- Hall v. First BankSupreme Court of Alabama · 1916
- McCulley v. CunninghamSupreme Court of Alabama · 1893
- American Bonding Co. v. New York & Mexican Whiting Co.Alabama Court of Appeals · 1914
- Nelson v. BoeSupreme Court of Alabama · 1933
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