29 Ohio St. 238 | Ohio | 1876
Does the record- show that the court of -common pleas erred in rejecting the testimony offered?
We do not know of any law of the State of Ohio, by which “ Big Raccoon river, from its mouth at the Ohio river in Gallia county, Ohio, to the town of Zaleski, in Vinton county, Ohio ” has been declared navigable. Our attention has been called to an act of 1834 (32 Ohio L. 184), which declares, “ That so much of Big Raccoon creek as lies in the county of Gallia is hereby declared a public high-way;” but we can not assume that “Big Raccoon creek’*
It is suggested that the rejected testimony tended to-prove, at least, a corporation de facto; and that the defendant was estopped, by subscribing to its stock, from denying-its legal existence. The case is not one wherein the doctrine of estoppel can be applied.
Judgment affirmed.