
    ALVIN MOUNTJOY, vs. TYREE OLDHAM.
    
      On a writ of error to reverse an order of the Pendleton county court.
    
    31 May, 1819.
    
      Talbot for plaintiff, Haggin for defendant.
    An inquest man on a mill ®eat’ fatal* J it state whether or not the neighbors willbeannoy-edvrV:ld post Taylor, acc.
   Judge Owsley

delivered the opinion of the court.

We are of opinion that the inquisition taken in this cause, is fatally defective, in not stating whether or not the health of the neighbors, by the stagnation of the waters, will be annoyed; and that the county court, upon the return of the inquisition, consequently erred in giving leave to build the 'fflill.

The order must therefore be reversed with cost, the cause remanded, and further proceedings had, not inconsistent with this opinion. '  