McLeod v. Burroughs
Supreme Court of Georgia
Injunction, in Chatham Superior Court. Decision by Judge H. R. Jackson, February 20, 1850. This was a bill filed by R. H. McLeod and others, as trustees, &c. to restrain the defendants from keeping a ferry on the Great Ogeechee River, at a place called Fort Argyle. Upon the coming in of the answer, a motion was made to dissolve the injunction.
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Injunction, in Chatham Superior Court. Decision by Judge H. R. Jackson, February 20, 1850. This was a bill filed by R. H. McLeod and others, as trustees, &c. to restrain the defendants from keeping a ferry on the Great Ogeechee River, at a place called Fort Argyle. Upon the coming in of the answer, a motion was made to dissolve the injunction. The following facts will be sufficient for understanding the points decided by the Supreme Court: In 1806, the Legislature granted to Joseph Hill and his assignees, the right to erect a bridge over the Great Ogeechee River. By the 5th section it was…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
The construction which we feel constrained to give to the charter under which the complainants claim, to wit: the Act of 1806, as to the mode of measuring the distance, will control this *215cause. According to that mode of measurement, the defendant’s ferry and proposed bridge at Fort Argyle, are not within the prohibited limits: this is conceded. Being conceded, the complainants can, on no account, be entitled to the injunction. We are consequently relieved from the necessity of considering those other interesting questions brought to our notice in…
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