PHALEN v. VIRGINIA


49 U.S. 163 (1850)

8 How. 163

JAMES PHALEN, PLAINTIFF IN ERROR, v. THE COMMONWEALTH OF VIRGINIA.

Supreme Court of United States.


Attorney(s) appearing for the Case

The case was argued by Mr. Z. Collins Lee, for the plaintiff in error, no counsel appearing for the defendant.


Mr. Justice GRIER delivered the opinion of the court.

It might admit of some doubt whether the act of 1829 grants any franchise, or constitutes any contract, either with the commissioners therein appointed, or with the turnpike corporation. It imposes certain duties on each. The commissioners are required to use the license thus given, not for their own benefit, but for a public purpose. The money procured by the proposed...

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