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HURLEY v. COMMISSION OF FISHERIES

No. 33.

257 U.S. 223 (1921)

42 S.Ct. 83

66 L.Ed. 206

HURLEY v. COMMISSION OF FISHERIES OF VIRGINIA ET AL.

Supreme Court of United States.

Decided December 5, 1921.

Attorney(s) appearing for the Case

Mr. Thomas B. Snead and Mr. S.S.P. Patteson, with whom Mr. Herbert I. Lewis and Mr. Thomas J. Downing were on the brief, for appellant.

Mr. Robert W. Shultice, with whom Mr. J.D. Hank was on the brief, for appellees.

MR. JUSTICE McREYNOLDS delivered the opinion of the court.

Appellant sought a temporary injunction restraining the Virginia Commission of Fisheries from removing the stakes and marks which designated the boundaries of certain oyster grounds in the Rappahannock River, planted by him and which he claimed the right to occupy, and thereby opening the same for public use and enjoyment.

He maintained that the Commission was proceeding under a state statute invalid...

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