Wimbish v. Breeden
Supreme Court of Virginia
Error to judgment of circuit court of Mecklenburg' county, rendered May 29th, 1882, affirming judgment of the county court of said county, rendered 20th December, 1881, dismissing with costs the application of Mrs. Lucy T. Wimbish, by her next friend, to establish a ferry across Boanoke river. The dismissal was based on the fact, that the ferry applied for was within the prohibited distance of “Haskins’s ferry.”
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Error to judgment of circuit court of Mecklenburg' county, rendered May 29th, 1882, affirming judgment of the county court of said county, rendered 20th December, 1881, dismissing with costs the application of Mrs. Lucy T. Wimbish, by her next friend, to establish a ferry across Boanoke river. The dismissal was based on the fact, that the ferry applied for was within the prohibited distance of “Haskins’s ferry.” But the applicant contended that the latter ferry had not been legally established. To that judgment Mrs. Wimbish obtained a writ of error and supersedeas. Opinion states the facts.
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
The plaintiff in error applied to the county court of Mecklenburg, at its December term, 1881, for leave to establish a ferry across Eoanoke river. The application was opposed hy the defendant in error, on the ground that the place at which the ferry was proposed was within a half mile of a legally established ferry. The plaintiff in error insisted that the ferry referred to had not heen legally established; hut the county court held otherwise, and dismissed the application. On appeal of right to the circuit court of that county, the judgment of…
2Cases cited1 opinion
- Pennybacker v. SwitzerSupreme Court of Virginia · 1881
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