State ex rel. Carter v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
Civil ActioN to recover penalties aggregating $3,000 under T'lie Code, sec. 1964, for refusing to receive and forward as freight on two separate days 30 head of cattle at $50 a head, penalty for each day, heard on demurrer before Tim-berlcike, J., at October Term, 1899, of Columbus Superior Court. The demurrer was overruled, with leave to answer. De fendants excepted and appealed. The grounds of demurrer are fully stated in the opinion.
1Opinion of the CourtDouglas, J.
This is an action, brought under sec. 1964, of The Code, to recover penalties amounting to $3,000. The plaintiffs allege that on two consecutive days they offered for shipment to' the agent of the defendant company 30 head of cattle', all of which the said agent refused to receive. The defendant demurred on several grounds as follows:
1. That the cause of action, if any, did-not accrue to the plaintiffs, but only to the Sfate of North Carolina for the benefit of the school fund under Art. IX, sec. 5, of the Constitution of this State.
2. That the action can be maintained only in the name of the…
2Cases cited24 opinions
- Katzenstein v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1881
- Branch v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1877
- Sutton v. . PhillipsSupreme Court of North Carolina · 1895
- Purcell v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- Keeter v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1882
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3Cited by9 opinions
- North Carolina School Boards Ass'n v. MooreSupreme Court of North Carolina · 2005
- Territory Ex Rel. Johnston v. WoolseySupreme Court of Oklahoma · 1913
- Gayer v. WhelanCalifornia Court of Appeal · 1943
- Parker v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1903
- State v. Maultsby.Supreme Court of North Carolina · 1905
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