Legal Opinion

Marshall v. Commissioners of Stanly County

Supreme Court of North Carolina

Decided October 5, 1883PublishedCited by 30 opinions

MOTION for an injunction beard at Fall Term, 1883, of StaNLY Superior Court, before Gilmer, J. Tn the year 1842, the town of Albemarle, the county-seat of Stanly county, was laid off into lots by the proper authorities according to law, and in the plat of the town there is a public square on which-the court-house was erected. Other lots were sold to individuals and the money realized paid into the county treasury.

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MOTION for an injunction beard at Fall Term, 1883, of StaNLY Superior Court, before Gilmer, J. Tn the year 1842, the town of Albemarle, the county-seat of Stanly county, was laid off into lots by the proper authorities according to law, and in the plat of the town there is a public square on which-the court-house was erected. Other lots were sold to individuals and the money realized paid into the county treasury. At the sale, the plaintiffs allege that it was announced that the public square was to be and over remain a public square, and by reason of such announcement and understanding,…

1Opinion of the Court

.MeriuMON, J.

The plaintiffs allege that the prospective injury to them, growing out of the alleged action taken and about to be taken by the defendants in the proposed sale of lots of land comprising a part of the public grounds on which the court-house of Stanly county was lately situated, if allowed to be consummated, will bo irreparable in its character; and they support the allegations of the complaint by sundry affidavits, tending to show that the same, and their apprehensions, are well founded.

The defendants in their answer admit the truth of some of the material allegations in the…

2Cases cited1 opinion

  1. Lowe v. Board of CommissionersSupreme Court of North Carolina · 1874

3Cited by30 opinions

  1. Schloss v. JamisonSupreme Court of North Carolina · 1962
  2. Cobb v. Clegg.Supreme Court of North Carolina · 1904
  3. Gaines v. Long Manufacturing Co.Supreme Court of North Carolina · 1951
  4. State v. ScottSupreme Court of North Carolina · 1921
  5. Hyatt v. Dehart.Supreme Court of North Carolina · 1905

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