Tallassee Falls Mfg. Co. v. State
Supreme Court of Alabama
Certiorari to Court of Appeals. The State of Alabama proposed to assess the property of the Tallassee. Falls Manufacturing Company, situated west of the thread of the Tallapoosa River in Elmore county, and from a judgment so fixing it, the Tallassee Falls Manufacturing Company appeals to the Court of Appeals, where the judgment of the nisi prius court was reversed and remanded. See 13 Ala.
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Certiorari to Court of Appeals. The State of Alabama proposed to assess the property of the Tallassee. Falls Manufacturing Company, situated west of the thread of the Tallapoosa River in Elmore county, and from a judgment so fixing it, the Tallassee Falls Manufacturing Company appeals to the Court of Appeals, where the judgment of the nisi prius court was reversed and remanded. See 13 Ala. App. 623„ 68 South. 805. The State now brings certiorari to review and revise the judgment of the Court of Appeals.
1Opinion of the Court
SAYRE, J. —
Upon consideration of the record in this cause, the court, sitting en banc, is of the opinion that *555the writ of certiorari should he awarded, and the judgment of the Court of Appeals reversed. Stated in its simplest form, the question is whether the dividing line between Tallapoosa and Elmore counties is located at the middle or thread of the Tallapoosa river or at the western margin or bank of that stream.
The act of February 15, 1866, creating the county of Elmore out of parts of Coosa, Montgomery, Tallapoosa, and Autauga, reads: “That from and after the passage of this act, all .…
2Cases cited6 opinions
- Handly's Lessee v. AnthonySupreme Court of the United States · 1820
- Howard v. IngersollSupreme Court of the United States · 1852
- People ex rel. Commissioners of Highways v. Board of SupervisorsIllinois Supreme Court · 1888
- Russell v. C. N. Robinson & Co.Supreme Court of Alabama · 1907
- Missouri v. KansasSupreme Court of the United States · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Greenfield v. PowellSupreme Court of Alabama · 1928
- Hood v. MurphySupreme Court of Alabama · 1936
- Elmore County v. Tallapoosa CountySupreme Court of Alabama · 1930
- Elmore County v. Tallapoosa CountySupreme Court of Alabama · 1930
- Tallapoosa County v. Elmore CountySupreme Court of Alabama · 1935
1 more not listed; retrieve them via the Exa API.