Legal Opinion

Wood v. Town of Oxford

Supreme Court of North Carolina

Decided February 5, 1887Published

MotioN to continue an injunction to the hearing, in a cause pending in Gkanville Superior Court, heard before Merrimon, Judge, at Chambers, in Henderson, February 26th, 1887. The defendant, the “ Oxford and Clarksville Railroad Company,” is a corporation organized under and in pursuance of the statute, (Acts 1885, ch. 116,) and its prescribed purpose is to construct a railroad to be devoted to the transportation ■of passengers and freight, its terminal points to be the town…

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MotioN to continue an injunction to the hearing, in a cause pending in Gkanville Superior Court, heard before Merrimon, Judge, at Chambers, in Henderson, February 26th, 1887. The defendant, the “ Oxford and Clarksville Railroad Company,” is a corporation organized under and in pursuance of the statute, (Acts 1885, ch. 116,) and its prescribed purpose is to construct a railroad to be devoted to the transportation ■of passengers and freight, its terminal points to be the town of Oxford, in the county of Granville, and a point on the Virginia State line, to be fixed by its directors, within a…

1Opinion of the Court

Merrimon, J.,

(after stating the facts). Municipal corporations, such as counties and incorporated cities and towns, are instrumentalities of the State government. They serve its political and civil purposes, more or less general in their nature and extent, and more particularly, where they are located. They are public in their nature, and the Legislature has control over them. It may determine and establish their purpose, and enlarge or modify their powers and authority from time to time; and it may create new ones, prescribing their powers and authority, as public necessity and convenience…

2Cases cited2 opinions

  1. Town of Queensbury v. CulverSupreme Court of the United States · 1874
  2. Markham v. . ManningSupreme Court of North Carolina · 1887

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