October 5, 2012

William Gresham v. Rich P. Gresham, Rockcastle, 1871

William Gresham v. Rich P. Gresham.

COURT OF APPEALS OF KENTUCKY

5 Ky. Op. 665; 1871 Ky. LEXIS 559

October 28, 1871, Decided

PRIOR HISTORY:   [**1]  APPEAL FROM ROCKCASTLE CIRCUIT COURT.

DISPOSITION: Motion dismissed. Judgment affirmed.

COUNSEL: A. J. Moore, for appellant.

C. Kirtly, for appellee.

JUDGES: Judge Lindsay.

OPINION BY: Lindsay

OPINION

 [*665]  Opinion by Judge Lindsay:

This was a motion by appellant in the County Court of Rockcastle for the establishment of a ferry across Rockcastle River and the granting of the ferry privilege to him.

Before the motion was disposed of in the County Court it was by consent of the appellee, who had entered his appearance, transferred to the Circuit Court of said county.

There is no evidence in the record tending to show that the convenience of the traveling public demands or requires that the proposed ferry shall be established.

Both parties assume that a legal ferry already exists, at or near the point proposed, and the ground of controversy is as to which of them owns the privilege. Such a question as this can not be settled by a proceeding commenced in the County Court upon a motion to establish a new ferry.

 [*666]  The Circuit Court rightly dismissed the motion. Judgment affirmed.

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