Wright v. Morris
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court. Hon. R. B. Rutherford, Circuit Judge. It was error to exclude the charter. For the nature and character of these special privileges of franchises see Kents Com. 3d Vol. Marg.p. 458, (12 Ed.). The County Court had jurisdiction to grant the franchise, and no informality in its order vitiated its action, or subjected it to collateral attack. Const.
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APPEAL from Sebastian Circuit Court. Hon. R. B. Rutherford, Circuit Judge. It was error to exclude the charter. For the nature and character of these special privileges of franchises see Kents Com. 3d Vol. Marg.p. 458, (12 Ed.). The County Court had jurisdiction to grant the franchise, and no informality in its order vitiated its action, or subjected it to collateral attack. Const. Art. 7. Sec, 28; Acts 1874-5 p. 242; 83 Ark. 191; 36 lb 641 and 467 ; 19 lb. 561. The power to hear and determine a cause is jurisdiction, 34 Ark. 105; 6 Pet. 709; Cooley Const. Leni. 398. ■ If the toll gate, was,…
1Opinion of the CourtEakin, J.
Appellants sued Morris in two counts. The first premising that the plaintiffs were the owners of a toll bridge over Yache Grasse Creek, duly authorized to take tolls, charged defendant with a disturbance of their franchise, in this; that he bad unlawfully and maliciously opened up, and kept open, over the lands of plaintiffs, divers roads and passages, leading to the bed of the creek and across it, in the near vicinity of the bridge, and into the public road; and had passed along said ways, with a gun inducing and guiding divers persons traveling with wagons, buggies, horses &c., to avoid the…
2Cited by3 opinions
- Plunkett v. WinchesterSupreme Court of Arkansas · 1911
- White River Bridge Co. v. HurdSupreme Court of Arkansas · 1923
- Arkansas Railroad Commission v. BovaySupreme Court of Arkansas · 1927