Black v. Consolidated Railway & Power Co.
Supreme Court of North Carolina
Appeal from Whedbee, J., at October Term, 1911, of Cumberland. This action was commenced on 22 July, 1909, against the Consolidated Railway and Power Company, successor to Little River Power and. Transportation Company, and is to recover judgment for the value of certain material which the plaintiff alleges he furnished the defendants for the purpose of building a power-house and repairing a dam, and to enforce a lien therefor.
Read the full summary
Appeal from Whedbee, J., at October Term, 1911, of Cumberland. This action was commenced on 22 July, 1909, against the Consolidated Railway and Power Company, successor to Little River Power and. Transportation Company, and is to recover judgment for the value of certain material which the plaintiff alleges he furnished the defendants for the purpose of building a power-house and repairing a dam, and to enforce a lien therefor. The complaint was filed on 10 August, 1909, and no answer was filed by the defendant. At May Term, 1910, of the Superior Court of Cumberland County, an order was made…
1Opinion of the CourtAlleN, J.
Every presumption is in favor of the regularity of the proceedings in the Superior Court, and that the judgment rendered is one authorized by law, and as there is nothing in the record to show the date of the appointment of the receiver, or to indicate that he was not appointed after the commence-ment of the action, we must assume that the action was commenced when there was no receiver — if necessary to sustain the judgment.
The dates of the several steps taken in the action would also seem to justify us in doing so. The action was commenced against the corporation in July, 1909, and no…
2Cases cited1 opinion
- Crutchfield v. . HunterSupreme Court of North Carolina · 1905
3Cited by8 opinions
- Douglass v. DawsonSupreme Court of North Carolina · 1925
- Douglass v. . DawsonSupreme Court of North Carolina · 1925
- National Surety Corporation v. SharpeSupreme Court of North Carolina · 1950
- Hall v. Shippers Express, Inc.Supreme Court of North Carolina · 1951
- Lowder on Behalf of Doby v. DobyCourt of Appeals of North Carolina · 1986
3 more not listed; retrieve them via the Exa API.