Legal Opinion

Blake v. McCarthy

Mississippi Supreme Court

Decided April 15, 1879PublishedCited by 3 opinions

Appeal from the Chancery Court of Warren County. Hon. U. M. Young-, Chancellor. The case is stated in the opinion of the court. The constitutional provision under consideration was originally adopted in 1852, and was readopted with the Constitution of 1869 ; and in the years immediately following such adoption and readoption, the Legislature, in many instances, exercised the power of granting ferry licenses unquestioned.

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Appeal from the Chancery Court of Warren County. Hon. U. M. Young-, Chancellor. The case is stated in the opinion of the court. The constitutional provision under consideration was originally adopted in 1852, and was readopted with the Constitution of 1869 ; and in the years immediately following such adoption and readoption, the Legislature, in many instances, exercised the power of granting ferry licenses unquestioned. See Acts 1852, pp. 46, 53, 58, 112, 179, 192, 264, 294, 333, 365, 449 ; Acts. 1870, pp. 328, 561; Acts. 1871, pp. 50, 491, 493, 499. The legislation of other years is full of…

1Opinion of the CourtSimrall, C. J.

Mrs. Blake, Ross, and McCarthy were each applicants to the Board of Supervisors of Warren County for license to keep a public ferry across the Yazoo River, at a point known as Anthony’s Ferry, where the highway from Vicksburg to the country along and near the Deer Creek intersects the river. Each petitioner fortified his claim with the signatures of a large number of supporters. Mrs. Blake owned the land on the east side of the river, at the intersection of the road with it, and McCarthy owned the land similarly located on the west bank.

For one or two terms of the board the contestation was…

2Cases cited1 opinion

  1. Cox v. RobinsonSupreme Court of Alabama · 1832

3Cited by3 opinions

  1. In Re Spease FerrySupreme Court of North Carolina · 1905
  2. Spellings v. StateTennessee Supreme Court · 1897
  3. Polk v. StateMississippi Supreme Court · 1932

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