Minturn v. Larue
Supreme Court of the United States
This was an appeal from the Circuit Court of the United States for the northern district of California. Minturn filed his bill against the defendants, claiming a right, under the authorities of the town of .Oakland, to establish a ferry, exclusively, between the city of San Francisco and the city of Oakland. The bill prayed for a perpetual injunction to restrain the defendants from running the steamboat San Antonio or any other steamboat or vessel between the two places.
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This was an appeal from the Circuit Court of the United States for the northern district of California. Minturn filed his bill against the defendants, claiming a right, under the authorities of the town of .Oakland, to establish a ferry, exclusively, between the city of San Francisco and the city of Oakland. The bill prayed for a perpetual injunction to restrain the defendants from running the steamboat San Antonio or any other steamboat or vessel between the two places. The defendants demurred to the bill, and the Circuit Court sustained the demurrer. The complainant appealed to this court.
1Opinion of the CourtJustice Nelson
This is an appeal from a decree of the Circuit Court of the United States for the district of California.
The bill was filed by the complainant in the court below to restrain the defendants from running a ferry between the city of San .Francisco and the city of Oakland, on the opposite side of the bay, and which, it is claimed, is in. violation of the ex- elusive privileges belonging to him under the authority of law. The authority, as set forth in the bill, is derived from the charter of the town (now city) of Oakland. The 8d see» tion of the charter (passed May 4, 1852) provided that “.the…
2Cases cited1 opinion
- Mills v. County of St. ClairSupreme Court of the United States · 1850
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- Knapp v. SwaneyMichigan Supreme Court · 1885
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