Milton v. Haden
Supreme Court of Alabama
[ACTION ON PROMISSORY NOTE GIVEN FOR RENT OF FERRY.] Appeal from tbe Circuit Court of Dallas. Tried before tbe Hon. Robt. Doughehty. Tbe complaint in this case was in these words: “ Anselm L. Haden, adm’r, and Caroline M. Haden, adm’x, vs. Wiley Milton, John D. Nance, David Weaver, and Wm. B. Milton.
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[ACTION ON PROMISSORY NOTE GIVEN FOR RENT OF FERRY.] Appeal from tbe Circuit Court of Dallas. Tried before tbe Hon. Robt. Doughehty. Tbe complaint in this case was in these words: “ Anselm L. Haden, adm’r, and Caroline M. Haden, adm’x, vs. Wiley Milton, John D. Nance, David Weaver, and Wm. B. Milton. “ The plaintiffs claim of the defendants six hundred and forty dollars, due by promissory note made by them on the 1st day of June, 1855, and payable on the 1st day of June, 1855, with interest thereon.” On the trial, as appears from the bill of exceptions, the plaintiffs read in evidence a note…
1Opinion of the CourtStone, J.
Under the “ act to reduce into one the several acts concerning roads, bridges, ferries and highways,” passed December 21, 1820, as found in Toulmin’s Digest, 391, power was given to the county courts “ to establish ferries, and order them under such regulations as is hereinafter directed.” Section 20, p. 398, declares, “ that if any person or persons shall establish a public ferry, * * * contrary to'the provisions of this act, he or they shall forfeit and pay five hundred dollars, * * * to be recovered by indictment or presentment by a grand jury,” &c. On the 12th January, 1827, another act…
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