Supreme Court of Alabama December 15, 1875 (Bottoms & Powell v. Brewer & Brewer)

BRICKELL, C. J.

The jurisdiction conferred on the probate judge to authorize the erection of mills and the construction of dams on water courses, is special and limited, wholly of statutory origin. When the proceedings are questioned on error, intendments or inferences to support them are not made, the record must affirmatively show every fact necessary to sustain the jurisdiction. —Owen v.