Greenleaf-Johnson Lumber Co. v. Garrison

WAD DILL, District Judge.

This cause is now before the court upon the bill and answer, the demurrer having been overruled, upon the proofs orally adduced, with the arguments of counsel thereon, whereupon, it appearing to the court that the case now made is different from that admitted by the pleadings at the hearing on the demurrer, in this: (a) That a doubt is raised as to whether or not the complainant's wharves were placed out into the navigable waters of the Elizabeth river, as at present, pursuant to lawful state authority; and (b) that the character, location, and extent of the so-called…