Alabama Power Co. v. Gulf Power Co.
District Court, M.D. Alabama
Proceeding by the Alabama Power Company against the Gulf Power Company and others to condemn lands of riparian owners under Federal Water Power Act, § 21. On plea in abatement on the ground of the pendency of a prior suit for similar purpose in the probate court of Coosa county, Ala., and plea challenging the constitutionality of such act.
1Opinion of the Court
CLAYTON, District Judge.
The multitudinous, redundant, and prolix pleadings, varying in verbiage, are reduced to the propositions herein considered. They are rescued from attempted complexity and confusion. With due deference to learned counsel, it must be said that, unlike the concept of time or space, none of the legal principles involved is susceptible of infinite divisibility.
[ 1 ] As to the plea in abatement because of the pendency of a prior petition for a similar purpose in.the probate court of Coosa county, Ala., it is perhaps sufficient to say that the rule seems to be practically…
2Cases cited45 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Field v. ClarkSupreme Court of the United States · 1892
- Brushaber v. Union Pacific RailroadSupreme Court of the United States · 1916
- United States v. GrimaudSupreme Court of the United States · 1911
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3Cited by28 opinions
- First Iowa Hydro-Electric Cooperative v. Federal Power CommissionSupreme Court of the United States · 1946
- City of Norwood v. HorneyOhio Supreme Court · 2006
- Federal Power Commission v. Niagara Mohawk Power Corp.Supreme Court of the United States · 1954
- Florence v. WilliamsSupreme Court of Alabama · 1983
- United States v. Appalachian Electric Power Co.Court of Appeals for the Fourth Circuit · 1939
23 more not listed; retrieve them via the Exa API.