Finley v. Shemwell
Supreme Court of Arkansas
Appeal from Clay Chancery Court; Edward D. Robertson, Chancellor; 1. Appellee had no legally established ferry or ferry privilege. A license from the county court is a prerequisite.
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Appeal from Clay Chancery Court; Edward D. Robertson, Chancellor; 1. Appellee had no legally established ferry or ferry privilege. A license from the county court is a prerequisite. Kirby’s Digest, § § 3555, 3561, 3575; 20 Ark. 561; 25 Ark. 26. 2. Pierce could not transfer his ferry franchise without transferring his land or an interest therein. 26 Ark. 464; 41 Ark. 202. 3. No notice was given to parties interested. 19 Cyc. 498; 84 Ark. 21; 20 Ark. 21. 4. The remedy at law was adequate, and no irreparable injury was proved. 65 Ark. 413. 5. It was error to make the injunction perpetual, for…
1Opinion of the CourtMcCuiaoch, C. J.
This appeal involves a controversy between two rival ferry keepers, operating ferries within a mile of each other on Current River, in Clay County. Shemwell, the plaintiff, instituted this suit in the chancery court of Clay County to restrain Finley from infringing upon his (plaintiff’s) ferry rights by wrongfully operating a ferry within one mile of Iris ferry, and to recover damages for the infringement. Upon final hearing of the case, the chancery court granted the relief prayed for and rendered a decree perpetually enjoining defend-' ant Finley from operating a public ferry within one…
2Cases cited6 opinions
- Little Rock & Fort Smith Railway v. McGeheeSupreme Court of Arkansas · 1883
- Murray v. MenefeeSupreme Court of Arkansas · 1859
- Lindsay v. LindleySupreme Court of Arkansas · 1859
- Bell v. CleggSupreme Court of Arkansas · 1867
- Brearly v. NorrisSupreme Court of Arkansas · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Shemwell v. FinleySupreme Court of Arkansas · 1910
- Crane v. JacksonSupreme Court of Arkansas · 1915
- Munn v. ShultsSupreme Court of Arkansas · 1917
- McClintock v. BovaySupreme Court of Arkansas · 1924
- Shults v. MunnSupreme Court of Arkansas · 1916