State ex rel. Howerton v. Tate
Supreme Court of North Carolina
Civil action, tried before Oloud, J., at the Fall Term, 1872), of the Superior Court of Row AN county. By consent of parties, his Honor found the facts in the ease,, which are the same as stated in the suit between the same plaintiffs and defendants, decided at January Term, 1873, of this Court, and reported in 68 N. C. Rep. 546, and which, (those pertinent to the question involved,) are set out in the-opinion of Justice Settle.
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Civil action, tried before Oloud, J., at the Fall Term, 1872), of the Superior Court of Row AN county. By consent of parties, his Honor found the facts in the ease,, which are the same as stated in the suit between the same plaintiffs and defendants, decided at January Term, 1873, of this Court, and reported in 68 N. C. Rep. 546, and which, (those pertinent to the question involved,) are set out in the-opinion of Justice Settle. Upon the facts found on the trial below, his Honor gave-judgment, that the relators, (plaintiffs in this action,) were the-rightful Board of Directors of the Eastern…
1Opinion of the CourtSettle, J.
We have held in the State on the relation of Howerton v. Tate, 68 N. C. Rep. 546, that the Board of Di*162rectors, of which the plaintiff Howerton was President, were the only persons lawfully entitled to the possession of the Eastern Division of the Western North Carolina Railroad, from and after the 26th day of October, lb71. And we take it, that Howerton continued to be the President of the road until it passed into the hands of the receiver appointed by the District Court of the United States for the Western District of North Carolina.
But during this whole period, Howerton and his Board were…
2Cases cited2 opinions
- People ex rel. Dorsey v. SmythCalifornia Supreme Court · 1865
- State Ex Rel. Howerton v. TateSupreme Court of North Carolina · 1873
3Cited by7 opinions
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- Osborne v. Town of CantonSupreme Court of North Carolina · 1941
- McCall v. Webb.Supreme Court of North Carolina · 1904
- McCall v. Webb.Supreme Court of North Carolina · 1904
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