State v. . Glen
Supreme Court of North Carolina
This was an indictment under tbe act of Assembly, for failing to remove obstructions to .tbe passage of fisb up tbe Yadkin river, tried before Heath, J., at Ball Term, 1859, of Yadkin Superior Court. Tbe parts of tbe said act, material to tbe question considered, are sufficiently apparent from the recitals by bis Honor, iu delivering tbe opinion of the Court.
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This was an indictment under tbe act of Assembly, for failing to remove obstructions to .tbe passage of fisb up tbe Yadkin river, tried before Heath, J., at Ball Term, 1859, of Yadkin Superior Court. Tbe parts of tbe said act, material to tbe question considered, are sufficiently apparent from the recitals by bis Honor, iu delivering tbe opinion of the Court. The special verdict, rendered in tbe case, discloses tbe following state of facts: The defendant, in the year 1857, built a mill-dam across tbe Yadkin river from bank to bank, for the purpose of supplying bis grist and saw mills with…
1Opinion of the CourtBattle, J.
The act under which the defendant is indicted, after directing, in the first and second sections, that the Pedee and Yadkin rivers shall be opened and kept open for the passage of fish, and prescribing the manner in which it shall be done, declare^ in the third section, “that all persons now having obstructed the passage of fish up the said river, (the Yadkin) either by the erection of mill-dams, or dams for any other purposes, or in any manner whatever, shall have obstructed the free passage of fish contrary to the true meaning of this act, and shall fail to remove all such obstructions on…
2Cases cited3 opinions
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- Gwathmey v. STATE THROUGH DEPT. OF ENVIR.Supreme Court of North Carolina · 1995
- January Littlejohn v. School Board of Leon County FloridaCourt of Appeals for the Eleventh Circuit · 2025
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