Legal Opinion

Ferrel v. Woodward

Wisconsin Supreme Court

Decided January 15, 1866PublishedCited by 3 opinions

APPEAL from tbe Cfrcuit Court for Grant County. In April, 1862, tbe legislature of this state passed an act (cb. 95, Pr. & L. Laws of 1862) which declares tbat H. J. Gleason and John JG. Ferrel, their heirs &c., shall have tbe exclusive right for tea years, of maintaining a power ferry across the "Wisconsin river, on sec. 22 in town 8 north, of range 8 west, in Grant and Crawford counties.

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APPEAL from tbe Cfrcuit Court for Grant County. In April, 1862, tbe legislature of this state passed an act (cb. 95, Pr. & L. Laws of 1862) which declares tbat H. J. Gleason and John JG. Ferrel, their heirs &c., shall have tbe exclusive right for tea years, of maintaining a power ferry across the "Wisconsin river, on sec. 22 in town 8 north, of range 8 west, in Grant and Crawford counties. In July following, said Ferret obtained from the board of supervisors of Crawford county a license “ to keep a ferry, with exclusive privilege, across the waters of the Wisconsin river, extending along…

1Opinion of the CourtDowner, J.

The evidence shows that Gleason never accepted the franchise from [the state. The grant was to Gleason and Ferrel, their heirs, executors, administrators or assigns. Could Ferrel alone accept a franchise granted to him and Gleason ? If the grant had been to more persons than two, perhaps a majority might have accepted. Still there are strong reasons that might be urged against such a construction. We know of no law, authority or doctrine for holding that a less number than a majority to whom a franchise is granted can accept it; and we have been referred to none. If one person can accept of…

2Cited by3 opinions

  1. Janesville Bridge Co. v. StoughtonWisconsin Supreme Court · 1846
  2. Dunbar v. JohnsonCourt of Appeals of Kentucky (pre-1976) · 1942
  3. Willard v. Forsythe, Circuit Court of the 14th Judicial Circuit of Florida, Bay County1871

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