Tuskaloosa Bridge Co. v. Olmstead
Supreme Court of Alabama
Appeal from the Chancery Court at Tuskaloosa. Heard before the Hon. J. Q. Loomis. The bill in this case was filed by the appellant, on the 26th March, 1866, against Elisha S. Olmstead and others; and sought to enjoin the defendants from keeping and using a public ferry across the Black Warrior river opposite the city of Tuskaloosa, in alleged violation of the complainant’s chartered rights, and to compel an account of the tolls which the defendants had received from the…
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Appeal from the Chancery Court at Tuskaloosa. Heard before the Hon. J. Q. Loomis. The bill in this case was filed by the appellant, on the 26th March, 1866, against Elisha S. Olmstead and others; and sought to enjoin the defendants from keeping and using a public ferry across the Black Warrior river opposite the city of Tuskaloosa, in alleged violation of the complainant’s chartered rights, and to compel an account of the tolls which the defendants had received from the ferry. The plaintiff was incorporated by an act of the general assembly of this State, approved January 2d, 1833, entitled…
1Opinion of the CourtA. J. Walker, C. J.
On the 3d February, 1866, an act was approved, which is entitled, “An act to amend an act to incorporate a company to build a bridge across the Warrior river opposite the city of Tuskaloosa, approved January 2, 1833.” The act approved on the 3d February, 1866, consists of a single section, which directs that the act recited in the title “be amended by additional sections, numbered and worded ” in a specified manner, and that those additional sections should, “for all purposes, be *18deemed and held as a part of the original act, to the same extent, and in the same manner, as .if the same had…
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