Munroe v. Thomas
CATHARINE MUNROE v. LUCIUS W. THOMAS
- Area
- civil
- Panel
- Solomon Heydenfeldt (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Heydenfeldt
Heydenfeldt, J., delivered the opinion of the Court.
Murray, C. J. concurred.
A ferry is a franchise, and is not the subject of levy, sale, or delivery, under execution. It involves a personal trust granted by the sovereign, upon conditions imposed upon the grantee alone, and his liability cannot be removed by substitution.
The term “ appurtenances,” used in the return of levy by the Sheriff, is too general, vague, and indefinite, to comprehend in its meaning any personal property as the subject of levy; it therefore passed nothing by the sale.
The order is reversed.
Cited by
- People Ex Rel. Spiers v. Lawley Civ. No. 866. · 1911-10-30
- Kenniff v. Caulfield S.F. No. 2471. · 1903-08-27
- Gregory v. Blanchard 18070 · 1893-05-20
- Coburn v. Ames No. 5370 · 1877-07-01
- People ex rel. Jenkins v. Duncan No. 2,786 · 1871-07-01
- Wood v. Truckee Turnpike Co. · 1864-07-01