Olive v. State
Supreme Court of Alabama
From the Circuit Court o£ Greene. Tried before tbe Hon. Sam. H. Sprott. The indictment in this case charged that the defendants, Thomas C. Olive and others, “did willfully injure a mill-dam of a mill known as the Sipsey Mills, situated on the Sipsey river, said mill being the property of Mose Horton and Bob Horton, by floating logs over said mill-dam.”
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From the Circuit Court o£ Greene. Tried before tbe Hon. Sam. H. Sprott. The indictment in this case charged that the defendants, Thomas C. Olive and others, “did willfully injure a mill-dam of a mill known as the Sipsey Mills, situated on the Sipsey river, said mill being the property of Mose Horton and Bob Horton, by floating logs over said mill-dam.” On the trial, as appears from the bill of exceptions, the evidence for the State tended to show that the Hortons, Mose and Eobert L., owned the mill on the Sipsey river, with the land on each side, the mill-house being on the Pickens side, and…
1Opinion of the CourtStone, C. J.
The appellants were convicted under section 4418 of the Code of 1876 (now a part of section 3886, Code of 1886), for willfully injuring a mill-dam on the Sipsey river, at a point where that stream constitutes the line between the counties of Pickens and Greene, by floating logs over it. One of the prominent questions raised in the court below, and presented here by the bill of excep*92tions, involves the character of the Sipsey river, at the place of the alleged offense, as to navigability. The court judicially knows, that the whole of said river is above the ebb and flow of tides. It is…
2Cases cited6 opinions
- Morgan v. . KingNew York Court of Appeals · 1866
- Rhodes v. OtisSupreme Court of Alabama · 1859
- Walker v. AllenSupreme Court of Alabama · 1882
- Lewis v. Coffee CountySupreme Court of Alabama · 1884
- Owens v. StateSupreme Court of Alabama · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Gray v. Reclamation District No. 1500California Supreme Court · 1917
- Webb v. City of DemopolisSupreme Court of Alabama · 1891
- City of Birmingham v. Hood-Mcpherson Realty Co.Supreme Court of Alabama · 1937
- Reed v. Mayor of BirminghamSupreme Court of Alabama · 1890
- Rollan v. PoseySupreme Court of Alabama · 1961
17 more not listed; retrieve them via the Exa API.