Wright & Rice v. Moore
Supreme Court of Alabama
Appeal from the Chancery Court of Lauderdale. Heard before the Hon. John Foster. j The bill in this case was filed by the appellants, as part-' /ners, on the 17th May, 1858, against Lewis C. Moore, Atlantic P. Moore, his wife, and Hugh M. and John Moore, his sons; and sought to restrain the defendants from diverting the water from a stream, called “ Coxe’s creek,” on which the plaintiffs had erected an extensive machine-shop, foundry, and grist-mill.
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Appeal from the Chancery Court of Lauderdale. Heard before the Hon. John Foster. j The bill in this case was filed by the appellants, as part-' /ners, on the 17th May, 1858, against Lewis C. Moore, Atlantic P. Moore, his wife, and Hugh M. and John Moore, his sons; and sought to restrain the defendants from diverting the water from a stream, called “ Coxe’s creek,” on which the plaintiffs had erected an extensive machine-shop, foundry, and grist-mill. The material facts of the case, as alleged in the bill, appear in the opinion of the court. The chancellor dismissed the bill, on motion,' for…
1Opinion of the CourtA. J. Walker, C. J.
The chancellor’s decree, dismissing the complainants’ bill for want of equity, is the *595only matter for examination in this court. No question as to the sufficiency, responsiveness, and effect of the answer, or as to the truth of the bill, is before us. We are simply to inquire, whether the allegations of the bill make a case for equitable jurisdiction. If they do, the decree is erroneous ; if they do not, it is correct. We are, on this appeal, to regard the allegations as truths ; and will, therefore, in this opinion so speak of them.
The complainants have a dam upon a certain stream, directing…
2Cases cited7 opinions
- Mills v. HallNew York Supreme Court · 1832
- Stein v. BurdenSupreme Court of Alabama · 1854
- Baldwin v. CalkinsNew York Supreme Court · 1833
- Stein v. BurdenSupreme Court of Alabama · 1856
- Burden v. SteinSupreme Court of Alabama · 1855
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3Cited by27 opinions
- People v. Gold Run Ditch & Mining Co.California Supreme Court · 1884
- Nininger v. NorwoodSupreme Court of Alabama · 1882
- Smith v. City of SedaliaSupreme Court of Missouri · 1899
- North Point Consolidated Irrigation Co. v. Utah & Salt Lake Canal Co.Utah Supreme Court · 1898
- Reed v. Mayor of BirminghamSupreme Court of Alabama · 1890
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