Lewis v. Stein
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. This was an action of debt commenced by the defendant against the plaintiff in error in a Justice’s Court, to recover the penalty imposed by the act of 20th December 1820, for obstructing or injuring the waters of Three Mile Creek, near the city of Mobile, by permitting the saw-dust from his mill to fall therein.
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Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. This was an action of debt commenced by the defendant against the plaintiff in error in a Justice’s Court, to recover the penalty imposed by the act of 20th December 1820, for obstructing or injuring the waters of Three Mile Creek, near the city of Mobile, by permitting the saw-dust from his mill to fall therein. The justice before whom the suit was brought gave judgment against the plaintiff below for the costs, from which he took an appeal to the Circuit Court, where judgment was rendered in his favor. The remaining…
1Opinion of the CourtDargan, J.
It is contended that this suit is improperly brought in the name of Stein, who does not sue as an informer. By the 4th section of the act of the 20th December 1820, entitled “An Act to incorporate an Aqueduct. Company in the city of Mobile,” it is provided, that if any person shall obstruct or injure the waters of Three Mile Creek (on which this saw-mill is situated) by logs, bushes, earth, or other materials, between its source and the place where the water is taken for the use of the city, he, she or they, for every such of-fence, shall forfeit and pay the sum of twenty dollars, to be…
2Cases cited5 opinions
- People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845
- Mills v. HallNew York Supreme Court · 1832
- Howell v. M'CoySupreme Court of Pennsylvania · 1832
- Hoy v. SterrettSupreme Court of Pennsylvania · 1834
- Hendricks v. JohnsonSupreme Court of Alabama · 1838
3Cited by14 opinions
- Nebraska National Bank v. WalshSupreme Court of Arkansas · 1900
- Tennessee Coal, Iron & Railroad v. HamiltonSupreme Court of Alabama · 1893
- Briel v. City of NatchezMississippi Supreme Court · 1873
- Reed v. Mayor of BirminghamSupreme Court of Alabama · 1890
- Crommelin v. CoxeSupreme Court of Alabama · 1857
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