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MT. VERNON-WOODBERRY CO. V. ALABAMA POWER CO., 240 U. S. 30 (1916)

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U.S. Supreme Court

Mt. Vernon-Woodberry Co. v. Alabama Power Co., 240 U.S. 30 (1916)

Mt. Vernon-Woodberry Cotton Duck Company

v. Alabama Interstate Power Company

No. 200

Submitted January 10, 1916

Decided January 24, 1916

240 U.S. 30

Syllabus

Prohibition is a distinct suit, and the judgment finally disposing of it is a final judgment by common law as well as under the statutes of Alabama within the meaning of Judicial Code, § 237.

The fact that the denial of a petition for writ of prohibition does not decide the merits of the principal suit is immaterial so far as finality of the judgment is concerned.

Where the state court has denied a petition for writ of prohibition, all the points urged exclusively under the the Constitution must be taken to have been decided adversely to plaintiff in error, and this Court in such respect follows the state court.

To manufacture, supply, and sell to the public power produced by water as motive force held in this case, following the judgment of the state court, to be a public use justifying the exercise of eminent domain, and the statute of Alabama providing for condemnation of property for water power purposes is not unconstitutional as taking property without due process of law.

186 Ala. 622 affirmed.

The facts, which involve the construction, application, and constitutionality of statutes of Alabama providing for proceedings to condemn land and water powers, are stated in the opinion.





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