Murray v. Menefee
Supreme Court of Arkansas
Appeal from Conway Circuit Court in Chancery. Hon. John J. Clendenin, Circuit Judge. Public ferries are purely of legislative creation, and a matter of regulation in the United States; (I Nott <$• McCord 387,) and therefore, when the Legislature grants a ferry privilege directly, or by vesting a discretion in a particular tribunal, it is conclusive. A court of chancery cannot set aside a ferry grant from the Legislature although obtained by fraud.
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Appeal from Conway Circuit Court in Chancery. Hon. John J. Clendenin, Circuit Judge. Public ferries are purely of legislative creation, and a matter of regulation in the United States; (I Nott <$• McCord 387,) and therefore, when the Legislature grants a ferry privilege directly, or by vesting a discretion in a particular tribunal, it is conclusive. A court of chancery cannot set aside a ferry grant from the Legislature although obtained by fraud. The test of the proper exercise of the discretion of the County Court, is public convenience in licensing several ferries over public streams, and…
1Opinion of the CourtJustice Compton
The bill in.this case was brought to prevent the infringement of a ferry privilege.
The appellee, William N. Menefee, under a license granted by the County Court, established a ferry at a point where the military road, leading from Little Rock to Yan Burén, crosses Cadron Creek, in Conway county. After the ferry of the appellee was established, and had gone into operation, John Murray, the appellant, also procured a license from the County Court, and established a ferry on the same stream, within one mile of that of the appellee.
The proof shows that the ferry of the appellant had the effect to…
2Cases cited2 opinions
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Creswell v. Comm'rs' Court of Greene Co.Supreme Court of Alabama · 1854
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- Spencer v. Point Pleasant & Ohio R. R.West Virginia Supreme Court · 1884
- Mason v. Harper's Ferry Bridge Co.West Virginia Supreme Court · 1880
- Backus v. City of DetroitMichigan Supreme Court · 1882
- Bank of Sun Prairie v. HovigDistrict Court, W.D. Arkansas · 1963
- King v. SweattDistrict Court, W.D. Arkansas · 1953
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