McDowell v. Massachusetts & Southern Construction Co.
Supreme Court of North Carolina
MotioN to continue an injunction to the hearing, in an action pending in the Superior Court of Rutheueokd county, heard before Avery, Judge, at Chambers, in Newton, on June 1, 1886. The defendant, the “ Rutherford Railway Construction Companjq” is a corporation organized under and in pursuance of the statute, (Acts 1883, chap. 141). The sections of that statute necessary to an understanding of the opinion of the Court, provide as follows : “ Seo. 2. That the capital stock of…
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MotioN to continue an injunction to the hearing, in an action pending in the Superior Court of Rutheueokd county, heard before Avery, Judge, at Chambers, in Newton, on June 1, 1886. The defendant, the “ Rutherford Railway Construction Companjq” is a corporation organized under and in pursuance of the statute, (Acts 1883, chap. 141). The sections of that statute necessary to an understanding of the opinion of the Court, provide as follows : “ Seo. 2. That the capital stock of said company may be created by subscription on the part of individuals, municipal or other corporations, in shares of…
1Opinion of the Court
Merrimon, J.,
(after stating the facts.) There is error in the first conclusion of law upon which the Court founded its judgment denying the motion for an injunction. It seems to have been governed by what was said — not decided — in Reiger v. Commissioners, 70 N. C., 319, and commented upon in Norment v. Charlotte, 85 N. C., 387. The interpretation suggested in the former case by the late Chief Justice Peah-SON, of the phrase, “ a majority of the qualified voters of the county, city, town, or other municipal corporation,” is not the correct one, as has been expressly decided at the present…
2Cases cited10 opinions
- Cain v. Commissioners of Davie CountySupreme Court of North Carolina · 1882
- Heilig and Others v. . Stokes and PenningtonSupreme Court of North Carolina · 1869
- The People of N.C. Ex Rel . Van Bokkelen v. . CanadaySupreme Court of North Carolina · 1875
- Coates Bros. v. . WilkesSupreme Court of North Carolina · 1885
- Norment v. . City of CharlotteSupreme Court of North Carolina · 1881
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3Cited by2 opinions
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- In re Consolidation of School DistrictsSouth Dakota Supreme Court · 1921