Stein v. Ashby
Supreme Court of Alabama
Error to the City Court of Mobile. Tried before the Hob. Alex. McKinstry. Action on the case by George W. Ashby against Albert Stein, to recover damages for defendant’s diversion of the water of Three Mile Creek to the injury of plaintiff’s mill privileges. The manner in which, and the means by-which the diversion was effected, are not stated in the declaration, nor is there any averment of the existence of a mill in fact.
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Error to the City Court of Mobile. Tried before the Hob. Alex. McKinstry. Action on the case by George W. Ashby against Albert Stein, to recover damages for defendant’s diversion of the water of Three Mile Creek to the injury of plaintiff’s mill privileges. The manner in which, and the means by-which the diversion was effected, are not stated in the declaration, nor is there any averment of the existence of a mill in fact. The defendant first pleaded to the jurisdiction of the court; and a demurrer being sustained to this plea, he then pleaded the general issue and six special pleas, which…
1Opinion of the CourtGoldthwaite, J.
By the act of the 11th of February, 1848 (Pamphlet Acts 36), the City Court of Mobile was invested with the same jurisdiction as the County Court as to civil actions. By the act of 1801 (Clay’s Digest 291 § 5), jurisdiction was given to the County Court, of all actions of a civil nature, excepting real actions, actions of ejectment, and trespass quare clausum fregit; and by the act of 1819 it was provided, that the County Court should have concurrent jurisdiction with the Circuit Court in all actions of assumpsit, case, &c, (Clay's Dig. 291 § 1). The *527fact that any of the actions may…
2Cases cited3 opinions
- Powell v. ClarkMassachusetts Supreme Judicial Court · 1809
- Jackson ex dem. Suffern v. McConnellNew York Supreme Court · 1838
- Elliott v. HallSupreme Court of Alabama · 1845
3Cited by10 opinions
- Alabama Power Co. v. JonesSupreme Court of Alabama · 1924
- Thrasher v. RoysterSupreme Court of Alabama · 1913
- Quarles v. CampbellSupreme Court of Alabama · 1882
- Rodgers' Adm'r v. BrazealeSupreme Court of Alabama · 1859
- Stein v. AshbySupreme Court of Alabama · 1857
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