Tallassee Falls Mfg. Co. v. Commissioner's Court of Tallapoosa County
Supreme Court of Alabama
Aiteal from Tallapoosa Chancery Court. Heard before Hon. W. W. Whiteside. Bill by the Tallassee Falls Manufacturing Company against the Court of County Commissioners of Talla: poosa County. From a decree dismissing the bill, com- plainant appeals.
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Aiteal from Tallapoosa Chancery Court. Heard before Hon. W. W. Whiteside. Bill by the Tallassee Falls Manufacturing Company against the Court of County Commissioners of Talla: poosa County. From a decree dismissing the bill, com- plainant appeals. The right to fix the toll to be charged for the use of its bridge became vested in the complainant by the Act of Feb. 11, 1898.- — -Acts 1892-3, p. 491. This was a property right and could not be taken away by subsequent legislation unless under the reserved power in the Constitution. Previous to the Constitution of 1875, this power was not…
1Opinion of the CourtDowdell, J.
The bill in this case is filed by the Tallassee Falls Manufacturing Company, a corporation organized under the general law in 1878. The cause was heard on motion of respondent to dismiss the bill for want of equity, and also upon demurrer assailing the bill for want of equity. From the decree of the chancellor, sustaining the motion and demurrer and dismissing the bill, the appeal is prosecuted.
In 1893 an act of the Legislature was passed and ap- . proved, entitled “An act to authorize the Tallassee Falls *266Manufacturing Company to construed a bridge across the Tallapoosa river at or near…
2Cases cited4 opinions
- Askew v. Hale CountySupreme Court of Alabama · 1875
- Stanfill v. Court of County RevenueSupreme Court of Alabama · 1885
- Grand Lodge v. WaddillSupreme Court of Alabama · 1860
- Edmondson v. LedbetterSupreme Court of Alabama · 1896
3Cited by7 opinions
- State ex rel. Young v. Duval CountySupreme Court of Florida · 1918
- Franklin v. State Ex Rel. Alabama State Milk Control BoardSupreme Court of Alabama · 1936
- Heck v. HallSupreme Court of Alabama · 1939
- Railroad Commission v. Ala. North. Ry. Co.Supreme Court of Alabama · 1913
- Railroad Commission v. Central of Georgia Ry. Co.Court of Appeals for the Fifth Circuit · 1909
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