State Ex Rel. Blount v. Simmons
Supreme Court of North Carolina
This was an action heard before Mclver, J., at Fall Term, 1894, of PaMLICO Superior Court, against the-defendant W. S. Simmons, and 693 other defendants in separate actions, upon the same causes of action, under and by virtue of Chap. 287 of the Public Laws of 1893, Sec. 4, to vacate the said 694 entries in said chapter and section.
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This was an action heard before Mclver, J., at Fall Term, 1894, of PaMLICO Superior Court, against the-defendant W. S. Simmons, and 693 other defendants in separate actions, upon the same causes of action, under and by virtue of Chap. 287 of the Public Laws of 1893, Sec. 4, to vacate the said 694 entries in said chapter and section. His Honor having intimated that, under the case of State v. Spencer, said cause of action could not be sustained, it appearing to the court that the same facts are involved in said 694 actions as recited in said case, the Solicitor on behalf of the State submitted…
1Opinion of the Court
Faircloth, C. J.:
This is an action by the State, on relation of the Solicitor of the district, to vacate an oyster-bed entry, under the Act of 1893, ch. 287, sec. 4, and upon the hearing his Honor being of opinion, on the authority of State v. Spencer, 114 N. C., 770, that the plaintiff is not entitled to recover, the plaintiff submitted to a non-suit, and, on motion of the Solicitor, judgment was entered against the County of Pamlico for the costs of the action, said county not being then a party to the action, but'was allowed to become a party for the purpose of an appeal. The plaintiff…
2Cases cited2 opinions
- State Ex Rel. Blount v. SpencerSupreme Court of North Carolina · 1894
- Bunting v. . Commissioners of WakeSupreme Court of North Carolina · 1876
3Cited by4 opinions
- Garner v. . WorthSupreme Court of North Carolina · 1898
- State v. . HorneSupreme Court of North Carolina · 1896
- Summerlin v. . MorriseySupreme Court of North Carolina · 1915
- State Ex Rel. Blount v. SimmonsSupreme Court of North Carolina · 1896