Indiana Supreme Court, 1839

Summy v. Mulford

Summy v. Mulford
Indiana Supreme Court · Decided May 24, 1839
5 Blackf. 113; 1839 Ind. LEXIS 37

Summy v. Mulford

Opinion of the Court

IT was held in this case, that after a party had erected a mill-dam, he could not, under the statute of 1831, have a writ of ad quod damnum. Smith v. Olmstead, ante, p. 37 (1).

The law is now otherwise. The statute of 1842 enacts, “ that it shall be lawful for any person who has already erected a dam, to make application for a writ of ad quod damnum, in like manner as if he were desirous of erecting a dam, but had not already done it.” Acts of 1842, p. 158.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.