Tuscaloosa County v. Foster
Supreme Court of Alabama
Appeaij from Tuscaloosa Circuit Court. Tried before Hon. S. H. Spiiott. This action Avas brought by the appellant, Tuscaloosa county, against J. Luther Foster, to recover damages for the alleged deceit practiced by the defendant upon the plaintiff in the sale by the defendant to plaintiff of a certain ferry, ferry rights, franchises and privileges, described and known as Foster’s ferry in Tuscaloosa county. The complaint contained four counts.
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Appeaij from Tuscaloosa Circuit Court. Tried before Hon. S. H. Spiiott. This action Avas brought by the appellant, Tuscaloosa county, against J. Luther Foster, to recover damages for the alleged deceit practiced by the defendant upon the plaintiff in the sale by the defendant to plaintiff of a certain ferry, ferry rights, franchises and privileges, described and known as Foster’s ferry in Tuscaloosa county. The complaint contained four counts. In each of these counts it was alleged that, by act of the G-eneral Assembly, Tuscaloosa county was authorized to build and construct a bridge across…
1Opinion of the CourtMcCLELLAN, C. J.
— Section 26 of Art. I, constitution of 1868, ordains: “That all navigable waters shall remain forever public highways, free to- the citizens of the State, and of the United States,, without tax, impost or toll imposed; and that no tax, toll, impost or wharf-age shall be demanded or received from the owner of any merchandise or commodity, for the use of the shores, or any wharf erected on the shores, or in or over the waters of any navigable stream, unless the same be expressly authorized by the general assembly.” This ordinance is section 25, Art. I. of the present constitution. By act of…
2Cases cited1 opinion
- Cox v. EasterSupreme Court of Alabama · 1834
3Cited by9 opinions
- Wall v. GrahamSupreme Court of Alabama · 1915
- Hockensmith v. WintonAlabama Court of Appeals · 1914
- Stout v. Limestone CountySupreme Court of Alabama · 1924
- Beasley v. BeasleySupreme Court of Alabama · 1921
- Graham v. CapertonSupreme Court of Alabama · 1912
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