Fore v. Western North Carolina Railroad
Supreme Court of North Carolina
This is a civil action, which was tried before MacRae, J., at June Term, 1888, of Buncombe Superior Court. The Western North Carolina Railroad Company, formed and organized tinder an Act of the General Assembly, ratified on the 15th day of February, 1855 (Acts 1854-55, chap. 228), was invested with “ the same powers to condemn all such lands” (needed in the construction of the road) “ belonging to individuals or corporations as may be needed for the aforenamed purposes as…
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This is a civil action, which was tried before MacRae, J., at June Term, 1888, of Buncombe Superior Court. The Western North Carolina Railroad Company, formed and organized tinder an Act of the General Assembly, ratified on the 15th day of February, 1855 (Acts 1854-55, chap. 228), was invested with “ the same powers to condemn all such lands” (needed in the construction of the road) “ belonging to individuals or corporations as may be needed for the aforenamed purposes as were granted to and conferred upon the North Carolina Railroad Company by their act of incorporation, and shall proceed to…
1Opinion of the CourtSmith, C. J.
(after stating the case.) Upon the call of this case, and before entering upon the trial, the plaintiff moved to dismiss the appeal, because no entry of the appeal was found on the record. But it does appear from the case made up by the Judge, at the close of which are these words: “Rule for new trial. Rule discharged. Judgment for plaintiff. Defendant appeals to the Supreme Court. Notice waived. Bond in $50 adjudged sufficient. Case settled on disagreement of counsel. James C. MacRae, Judge S. C.”
This is sufficient. The mere neglect of the Clerk to note an appeal actually taken an prosecuted…
2Cases cited3 opinions
- Raleigh & Augusta Air Line R. R. v. WickerSupreme Court of North Carolina · 1876
- Rodemacher v. Mil. & St. P. R'y Co.Supreme Court of Iowa · 1875
- London v. . BearSupreme Court of North Carolina · 1881
3Cited by5 opinions
- Barden v. Stickney.Supreme Court of North Carolina · 1902
- Simmons v. . AllisonSupreme Court of North Carolina · 1896
- Atkinson v. Asheville Street Railway Co.Supreme Court of North Carolina · 1893
- Atkinson v. . R. R.Supreme Court of North Carolina · 1893
- Raleigh, Charlotte & Southern Railroad v. Mecklenburg Manufacturing Co.Supreme Court of North Carolina · 1914