Frost v. Barnes
Supreme Court of Alabama
Appeal from the Probate Court of Butler. Tried before the Hon. H. W. Watson. This was an application by J. M. Barnes, (under chapter 3. title 6, part 2, of the Revised Code,) for authority to erect a dam across Hall’s creek in said county, for the purpose of establishing a public grist-mill; which application was contested by Henry Frost and others.
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Appeal from the Probate Court of Butler. Tried before the Hon. H. W. Watson. This was an application by J. M. Barnes, (under chapter 3. title 6, part 2, of the Revised Code,) for authority to erect a dam across Hall’s creek in said county, for the purpose of establishing a public grist-mill; which application was contested by Henry Frost and others. A jury of inquest was summoned, who reported in favor of the proposed dam; but their report was only signed by four of the seven jurors, the others adding conditions and restrictions to their -signatures, as stated in the opinion of the court. On…
1Opinion of the CourtPeters, J.
This is an appeal from the decree in aproceeding on* an application before the judge of probate of Butler county, for the privilege of erecting a dam for a water grist-mill, to grind for toll, across a certain watercourse in said county, not being a navigable stream. The *280privilege to.erect the dam was allowed by the court, and the parties who contested the application bring the case to this court for review. '
The errors assigned raise objections to the sufficiency of the inquest of the jury, on the writ' of ad quod damnum, returned into the court below, and to the force of the evidence to…
2Cited by1 opinion
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