Stewart v. White
Supreme Court of Alabama
Appeal from the Chancery Court of Clierolcee. Heard before the Hon.. Eichaed B. Kelly. The' bill in this case was filed by the appellees, Th-os. H. White, William Pope and J-ohn Casey “as -deacons of the Liberty Baptist Church” against the appellants, B. M. Stewart, D. D. Smith and J. A. Smith, “as individuals and partners doing business under the firm name of the 'Stewart Smith Gin Company.”
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Appeal from the Chancery Court of Clierolcee. Heard before the Hon.. Eichaed B. Kelly. The' bill in this case was filed by the appellees, Th-os. H. White, William Pope and J-ohn Casey “as -deacons of the Liberty Baptist Church” against the appellants, B. M. Stewart, D. D. Smith and J. A. Smith, “as individuals and partners doing business under the firm name of the 'Stewart Smith Gin Company.” The purpose of the bill and the facts -averred therein are sufficiently stated in the opinion. The -defendants demurred to the bill, assigning twenty-six grounds of demurrer, which may be summarized as…
1Opinion of the CourtSharpe, J.
By this suit the complainants, claiming to sue “as deacons of Liberty Baptist Church,”' seek to enjoin the maintenance of -a mill dam by which, by raising the waters of Hurricane Creek, is alleged to have injured a spring -and -also a place used for administering the rites of baptism in which they claim to hold rights for the church which is alleged to be an unincorporated religious- association. Damages are also sought for alleged past injury resulting from the unlawful erection of the, dam.
The bill alleges the existence -of a deed which purports to have been -made in 1858 by twelve persons:…
2Cases cited4 opinions
- Steele v. SullivanSupreme Court of Alabama · 1881
- Burke v. RoperSupreme Court of Alabama · 1885
- Allison v. LittleSupreme Court of Alabama · 1888
- Gage & Co. v. Mobile & Ohio R. R.Supreme Court of Alabama · 1887
3Cited by32 opinions
- Gewin v. Mt. Pilgrim Baptist ChurchSupreme Court of Alabama · 1909
- Bagley v. City of MobileSupreme Court of Alabama · 1977
- Doremus v. Workers' Comp. Self-InsurersSupreme Court of Alabama · 1996
- West v. WestSupreme Court of Alabama · 1949
- Birmingham Trust & Savings Co. v. MasonSupreme Court of Alabama · 1930
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