McNair v. . Comrs. of Buncombe County
Supreme Court of North Carolina
Practice■ — Amendment. Civil Action, heard before Gudger, Judge, at Chambers in Franklin, on October 10th, 1885. The General Assembly at its last session, held in 1885, ch. 219, passed an act to dispense with individual separate farm-fencing, and to prevent live stock from running at large within the county of Buncombe, §11 of which is in these words: “That upon the written petition of a majority of the registered voters of any township, district or territory with well…
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Practice■ — Amendment. Civil Action, heard before Gudger, Judge, at Chambers in Franklin, on October 10th, 1885. The General Assembly at its last session, held in 1885, ch. 219, passed an act to dispense with individual separate farm-fencing, and to prevent live stock from running at large within the county of Buncombe, §11 of which is in these words: “That upon the written petition of a majority of the registered voters of any township, district or territory with well defined limits or boundaries, the county commissioners and justices of the peace in joint meeting may, by resolution, suspend…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). In the original complaint stating the grievances of the plaintiff, in that by the hasty adjournment, the application of the voters of Black Mountain district, for relief from the operation of the statute, was not heard and considered, the redress demanded was an injunction against carrying it into effect in that township, and that the commissioners and justices- should again rpeet in joint convention, in order that such application might still be made. The injunction was refused, and thereupon, with no amendment, the action is converted into a suit for…
2Cases cited1 opinion
- Merrill v. . MerrillSupreme Court of North Carolina · 1885
3Cited by8 opinions
- Ely v. . EarlySupreme Court of North Carolina · 1886
- Menzel v. Hinton.Supreme Court of North Carolina · 1903
- State Ex Rel. Clendenin v. TurnerSupreme Court of North Carolina · 1887
- Cooper v. . R. R.Supreme Court of North Carolina · 1914
- Cooper ex rel. Crawford v. Southern Railway Co.Supreme Court of North Carolina · 1914
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