Tallassee Falls Mfg. Co. v. Jones
Supreme Court of Alabama
Appeal from the Circuit Court of Elmore. Tried before the Hon. N. D. Denson. On February 21, 1899, the appellee, H. O. Jones, filed his petition in the probate court of Elmore county praying to be permitted and authorized to build a dam across the Tallapoosa river.
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Appeal from the Circuit Court of Elmore. Tried before the Hon. N. D. Denson. On February 21, 1899, the appellee, H. O. Jones, filed his petition in the probate court of Elmore county praying to be permitted and authorized to build a dam across the Tallapoosa river. It was averred in the petition that Jones was the owner of the lands on both sides of the stream at the point where the dam Avas to be erected, and that he proposed to build a factory on the Avest side of the river ; and that he made application for authority “To erect a dam for a factory to be operated for the public, under…
1Opinion of the CourtDowdell, J.
The appellant, the Tallassee Falls Manufacturing Company, filed its petition in vacation *432to the judge of the fifth judicial circuit, praying for a common law writ of certiorari to the probate court of Elmore county for the. purpose of reviewing certain atl quocl damnum proceedings luid before said probate court. The judge made an order granting the preliminary writ, making the .same returnable to the fall term, 1899, of (the circuit court of Elihore county. In obedience to said writ, the probate judge returned to the circuit court a complete transcript of all the proceedings had in said…
2Cases cited3 opinions
- Creswell v. Comm'rs' Court of Greene Co.Supreme Court of Alabama · 1854
- Parnell v. Comm'rs' Court of Dallas Co.Supreme Court of Alabama · 1859
- Frost v. BarnesSupreme Court of Alabama · 1872
3Cited by1 opinion
- Schulte v. WilkeSupreme Court of Alabama · 1910