Legal Opinion

Stahl v. Brown

Court of Appeals of Kentucky

Decided October 9, 1886PublishedCited by 6 opinions

Case 47 — PETITION EQUITY APPEAL prom butler circuit court. 1. The statute fixes the conditions upon which a new ferry may be established in close proximity to a pre-exis.ting ferry, and as those conditions did not exist in this case, the order establishing the ferry of appellees was unauthorized.

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Case 47 — PETITION EQUITY APPEAL prom butler circuit court. 1. The statute fixes the conditions upon which a new ferry may be established in close proximity to a pre-exis.ting ferry, and as those conditions did not exist in this case, the order establishing the ferry of appellees was unauthorized. (Gen. Stats., chap. 42, sec. 20.) 2. The appellant was not confined to the remedy by appeal from the order of the county court, as the appeal is required to be prosecuted during the term at which the order is made, which often lasts but a single day. (Gen. Stats., chap, .42, .sec. 2.) 3. The…

1Opinion of the Court

JUDGE LEWIS

DELIVERED THE OPINION OP THE COURT.

Appellant instituted this action in the Butler Circuit Court to enjoin appellees from operating a ferry across Green river from a point on their land in Ohio county to a point on land relinquished to them for the purpose by the owners in the town of Rochester, Butler county, which was, on their application, established, and the privilege thereof granted to them by an order of the Ohio County Court made September 3, 1883, during a ' regular term.

It is stated in the petition, and may be assumed as true, that many years previous to that date a ferry…

2Cited by6 opinions

  1. Clark County Court v. WarnerCourt of Appeals of Kentucky · 1903
  2. Decker v. TyreeCourt of Appeals of Kentucky · 1924
  3. Willis v. TomesCourt of Appeals of Kentucky · 1911
  4. Hatten v. TurmanCourt of Appeals of Kentucky · 1906
  5. Barnes v. GrovesCourt of Appeals of Kentucky (pre-1976) · 1943

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