Shemwell v. Finley
Supreme Court of Arkansas
Appeal from Greene Circuit Court; Frank Smith, Judge; The circuit court tried the case de novo. 53 S. W. 107. It is for the county court to determine the place for the establishment of a ferry that will best promote the public convenience. 41 Ark.. 209; 20 Ark. 573. The court shall also determine what tax shall be paid for the privilege, and what toll shall be paid by the public for the use of said ferry.
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Appeal from Greene Circuit Court; Frank Smith, Judge; The circuit court tried the case de novo. 53 S. W. 107. It is for the county court to determine the place for the establishment of a ferry that will best promote the public convenience. 41 Ark.. 209; 20 Ark. 573. The court shall also determine what tax shall be paid for the privilege, and what toll shall be paid by the public for the use of said ferry. Kirby’s Dig., § § 3562, 3564 and 3565. The court could grant license to only one of the parties applying therefor. 126 S. W. 717.
1Opinion of the CourtBattle, J.
In December, 1908, William Finley filed in the Clay County Court a petition, in which he asked the court to grant him the privilege of operating a ferry across Current River at a certain place where he owned both .banks on opposite sides of the river in that qounty. He stated that C. R.> Shemwell had at one time procured license to operate a ferry across Current River about one mile north of where petitioner’s, ferry is, and has annoyed him with lawsuits, contesting his right to maintain a ferry when and where he has endeavored to do so, and now claims that he “has no right to have a ferry at…
2Cases cited3 opinions
- Lindsay v. LindleySupreme Court of Arkansas · 1859
- Bell v. CleggSupreme Court of Arkansas · 1867
- Finley v. ShemwellSupreme Court of Arkansas · 1910
3Cited by3 opinions
- Horn v. BakerSupreme Court of Arkansas · 1919
- Ex Parte GraysonSupreme Court of Arkansas · 1925
- McClintock v. White River Bridge Co.Supreme Court of Arkansas · 1926