Legal Opinion

Grady v. . Commissioners of Lenoir

Supreme Court of North Carolina

Decided January 5, 1876PublishedCited by 7 opinions

This was a civil actioN tried before Seymour, J., at Spring Term, 1875, of the Superior Court of Lenoer county. The plaintiffs, Elisha Grady and others, sueing in behalf of themselves and “all other voters of that portion of Kinston township on the south side of Neuse river,” brought this action to enjoin the defendants, the County Commissioners of Lenoir county, from providing for an election of officers, under the act of the General Assembly entitled “An act to create a…

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This was a civil actioN tried before Seymour, J., at Spring Term, 1875, of the Superior Court of Lenoer county. The plaintiffs, Elisha Grady and others, sueing in behalf of themselves and “all other voters of that portion of Kinston township on the south side of Neuse river,” brought this action to enjoin the defendants, the County Commissioners of Lenoir county, from providing for an election of officers, under the act of the General Assembly entitled “An act to create a township in the county of Lenoir, to be known as Woodington township,” ratified the 28th day of February, 1875, upon the…

1Opinion of the CourtReads, J.

1. In a matter of public concernUheiUis manifest propriety in allowing ány one who has a common interest to become a party, and it is the duty of the court to see that a class is fairly represented whenever one or more”sue for a ■class.

2. The plaintiffs allege that the act of 26th February, 1876, laying off the township in question and directing the County Commissioners to provide for an election of officers for the township is unconstitutional, because they say the Constitution confers the power upon the County Commissioners to lay off townships.

Art. VII, sec.. 3, of the Constitution does…

2Cited by7 opinions

  1. McCormac v. Commissioners of RobesonSupreme Court of North Carolina · 1884
  2. Buckman v. Commissioners of BeaufortSupreme Court of North Carolina · 1879
  3. R. R. v. . CommissionersSupreme Court of North Carolina · 1895
  4. Chimney Rock Co. v. Town of Lake LureSupreme Court of North Carolina · 1931
  5. Woolverton v. Town of AlbanyIndiana Supreme Court · 1899

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