ABSTRACT
Prohibition is a distinct suit and the judgment finally disposing of is a final judgment by common law as well as under the statutes of Alabama within the meaning of Judicial Code, 237. The purpose of the Power Company's incorporation seeks to condemn property of the plaintiff in error is to manufacture, supply, and sell to the public, power produced by water as a motive force. But to gather the streams from waste and to draw from them energy, labor without brains, and to save mankind from toil that is spared to supply next to intellect is the very foundation of all our achievements and all our welfare. Before a corporation condemn rights is required to have obtained, by other means, at least an acre on each side of the stream for a dam site, and this is supposed to show that the use is not public.
