Legal Opinion

McRoberts v. Washburne

Supreme Court of Minnesota

Decided January 15, 1865PublishedCited by 11 opinions

TMs action was commenced in tbe Houston County District Court. The Plaintiff in Ms complaint alleges a grant to Mm from the Legislature of the exclusive right to establish and maintain a ferry across the Mississippi River within certain limits; his compliance with the terms and conditions of the grant, and that Defendants have infringed upon his rights under said grant by establishing another ferry within such limits.

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TMs action was commenced in tbe Houston County District Court. The Plaintiff in Ms complaint alleges a grant to Mm from the Legislature of the exclusive right to establish and maintain a ferry across the Mississippi River within certain limits; his compliance with the terms and conditions of the grant, and that Defendants have infringed upon his rights under said grant by establishing another ferry within such limits. The Plaintiff upon liis complaint applied to the Judge of said District Court for an order for a temporary injunction, which application was resisted by Defendants, who at the…

1Opinion of the Court

By the Court —

Berry, J.

— By an act of the Territorial Legislature, approved Feb. 7th, 1857, it is provided “that Thomas McRoberts, his heirs, executors, administrators or assigns shall have the exclusive right and privilege of keeping and maintaining a ferry across the Mississippi River, at a point near the Mississippi Avenue in the village of La Crescent, for the period of fifteen years, and no ferry shall be established within one mile and a half below or above said point.” Laws 1857,268-9. Sections 2, 3, 4, 5, 6, are not here important. Section 7 read in thiswise : “Nothing herein…

2Cases cited8 opinions

  1. President, Directors, & Co. of Newburgh & Cochecton Turnpike Road v. MillerNew York Court of Chancery · 1821
  2. Livingston v. Van IngenCourt for the Trial of Impeachments and Correction of Errors · 1812
  3. President, Directors, & Company of Croton Turnpike Road v. RyderNew York Court of Chancery · 1815
  4. Kinkaid v. Kipp & BrownThe Superior Court of New York City · 1853
  5. Smith v. RenoNew York Supreme Court · 1851

3 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Harrington v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1871
  2. Ames v. Lake Superior & Mississippi RailroadSupreme Court of Minnesota · 1875
  3. Carroll v. CampbellSupreme Court of Missouri · 1891
  4. Vandalia Coal Co. v. LawsonIndiana Court of Appeals · 1909
  5. Patterson v. WollmannNorth Dakota Supreme Court · 1896

6 more not listed; retrieve them via the Exa API.

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