Shults v. Munn
Supreme Court of Arkansas
Appeal from Miller Circuit Court, Geo. B. Eaynie, Judge; STATEMENT BY THE COURT. Appellant who was regularly licensed by the Miller County Court to keep a public ferry -across Eed Eiver, a navigable stream from a point on the western bank, opposite the -town of Fulton in Hempstead County, brought this suit against M. J. Munn, et. at., to collect penalties denounced by the law (3582 Kirby’s Digest) for operating a ferry across navigable streams without procuring a license…
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Appeal from Miller Circuit Court, Geo. B. Eaynie, Judge; STATEMENT BY THE COURT. Appellant who was regularly licensed by the Miller County Court to keep a public ferry -across Eed Eiver, a navigable stream from a point on the western bank, opposite the -town of Fulton in Hempstead County, brought this suit against M. J. Munn, et. at., to collect penalties denounced by the law (3582 Kirby’s Digest) for operating a ferry across navigable streams without procuring a license therefor. The answer denied the allegations of the complaint and alleged that defendant had paid the license required by…
1Opinion of the Court
Kirby, J.,
(after stating facts). A franchise for the operation of a ferry is a creature of the sovereign power and cannot be exercised without the consent of the State. Secs. 3555, 3558 Kirby’s Digest; Murray v. Menefee, 20 Ark. 561; Darnell v. State, 48 Ark. 321; Finley v. Shemwell, 94 Ark. 190.
Said section 3558, Kirby’s Digest, provides: “No person shall keep any ferry over or across any public navigable stream or lake, so as to charge any compensation for crossing the same, without first procuring a license from the county court of the county in which such ferry is situated.”
Section 3570…
2Cases cited3 opinions
- Murray v. MenefeeSupreme Court of Arkansas · 1859
- Darnell v. StateSupreme Court of Arkansas · 1886
- Finley v. ShemwellSupreme Court of Arkansas · 1910
3Cited by1 opinion
- McClintock v. White River Bridge Co.Supreme Court of Arkansas · 1926