Duke v. Cahawba Nav. Co.
Supreme Court of Alabama
Error to the Circuit Court of Perry. Tried before the Hon. John D. Phelan. Tins was an action of assumpsit by the defendant against the plaintiff in error, for the recovery of toll on near three hundred bales of cotton, shipped on a flat boat of the plaintiff' down that portion of the Cahawba river improved and rendered navigable by the said defendant, under the act of the Legislature incorporating it, &c.
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Error to the Circuit Court of Perry. Tried before the Hon. John D. Phelan. Tins was an action of assumpsit by the defendant against the plaintiff in error, for the recovery of toll on near three hundred bales of cotton, shipped on a flat boat of the plaintiff' down that portion of the Cahawba river improved and rendered navigable by the said defendant, under the act of the Legislature incorporating it, &c. The defendant in error having proved the shipment of the cotton, and read the several acts of the Legislature of Alabama pertaining to its incorporation, the acts of Congress assenting…
1Opinion of the CourtCollier, C. J.
By an act of the Legislature of 1827, the plaintiff below is made a body corporate, and provision is made for the subscription of stock and the election of directors, that the enterprise contemplated may be carried out. The 10th, 11th and 12th sections, authorise the directors to make regulations for “ the receiving of toll,” upon the governor’s making the certificate which was given in evidence at the trial; and the 13th section suspends the right “ to collect toll” upon a report being made to the governor by a person appointed by him that the river is not in the condition contemplated by…
2Cases cited2 opinions
- Selma & Tennessee Rail Road v. TiptonSupreme Court of Alabama · 1843
- Carlisle v. Cahawba & Marion Rail RoadSupreme Court of Alabama · 1842
3Cited by10 opinions
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- Alabama Fidelity Mort. & Bond Co. v. DubberlySupreme Court of Alabama · 1916
- Central Agricultural & Mechanical Ass'n v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1881
- Harrell v. EllsworthSupreme Court of Alabama · 1850
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