Coker v. Merritt's
Supreme Court of Florida
Appeal from the .Circuit Court for Jackson county. . This is an action under the Code. The complaint of the plaintiff alleges that on the 11th of March, 1869, he was seized and possessed of certain premises in Jackson county, on the “Blue Spring creek,” upon which was a grist mill, propelled by the water of said creek, and running two sets of stones or runners, and employed in grinding grain for the public for toll; that the mill and water power was susceptible of being used…
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Appeal from the .Circuit Court for Jackson county. . This is an action under the Code. The complaint of the plaintiff alleges that on the 11th of March, 1869, he was seized and possessed of certain premises in Jackson county, on the “Blue Spring creek,” upon which was a grist mill, propelled by the water of said creek, and running two sets of stones or runners, and employed in grinding grain for the public for toll; that the mill and water power was susceptible of being used for operating other machinery, and that the plaintiff had long contemplated the employment of sueh water power to its…
1Opinion of the CourtJustice YahYalkenbuegh
This was an action brought under the Code of Procedure, and was tried at the June term, 1876, of the Circuit Court held in Jackson county, in the First Judicial Circuit.
The first error alleged is that “ the court erred in ruling out and instructing the jury to disregard the evidence of John A. Malambre.” The record recites simply that “the depositions of John A. Malambre were read. He said, I *420heard Erthingtoii I. Merritt say that he would flow back the water of Blue Spring creek upon the mill of James P. Coker and drown his mill out. This was in 1873, After the deposition was read to the jury…
2Cases cited3 opinions
- Clifford v. LuhringIllinois Supreme Court · 1873
- Miller v. BalthasserIllinois Supreme Court · 1875
- Warren v. CummingsWisconsin Supreme Court · 1875
3Cited by12 opinions
- Howard v. StateSupreme Court of Florida · 1895
- Mitchell v. StateSupreme Court of Florida · 1901
- Tully v. StateSupreme Court of Florida · 1915
- Dempsey-Vanderbilt Hotel, Inc. v. HuismanSupreme Court of Florida · 1943
- Atlantic Coast Line Railroad v. WhitneySupreme Court of Florida · 1913
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