Duke v. Cahawba Navigation Co.
Supreme Court of Alabama
Writ of Error to the Circuit Court of Perry. Assumpsit by the company against Duke, to recover certain tolls. The declaration contains two counts, one special, setting out the manner of incorporation, the right to tolls under the act, ¿cc. &c. — the other general, merely referring to the acts, without setting out how the tolls became due. The defendant demurred separately to each count, and when his demurrer was overruled, pleaded — 1. Nul tiel corporation. 2. Non assumpsit.
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Writ of Error to the Circuit Court of Perry. Assumpsit by the company against Duke, to recover certain tolls. The declaration contains two counts, one special, setting out the manner of incorporation, the right to tolls under the act, ¿cc. &c. — the other general, merely referring to the acts, without setting out how the tolls became due. The defendant demurred separately to each count, and when his demurrer was overruled, pleaded — 1. Nul tiel corporation. 2. Non assumpsit. At the trial, the plaintiffs produced and read to the jury— 1. An act of the State legislature of the year 1827,…
1Opinion of the CourtGoldthwaite, J.
1. We think the argument that the ordinance appended to our constitution is a part of that instrument, and can only be abrogated and annulled in the same manner as any other part, cannot be sustained. By the constitution, the powers of the State government are restricted in the particular matters covered by it, and the ordinance is the declaration by the people, that certain general powers, otherwise appertaining to the State as a sovereignty, shall •not be exercised in particular cases. It provides also, that (the disclaimer shall be irrevocable without the consent of the United States. The…
2Cases cited3 opinions
- Grays v. Turnpike Co.Court of Appeals of Virginia · 1826
- Fire Department of New-York v. KipNew York Supreme Court · 1833
- Hager's Town Turnpike Road Co. v. CreegerCourt of Appeals of Maryland · 1820
3Cited by31 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Splawn v. ChewTexas Supreme Court · 1883
- Coyle v. SmithSupreme Court of Oklahoma · 1911
- Meriwether v. Crown Investment CorporationSupreme Court of Alabama · 1972
- Chesapeake & Ohio Ry. Co. v. Deepwater Ry. Co.West Virginia Supreme Court · 1905
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