Murfreesboro Railroad v. Board of Commissioners
Supreme Court of North Carolina
This was a motion to continue an injunction till the hearing of the cause, heard at Chambees on the 20th day of January, 1891, before Brown, J. Under the .provisions of the original charter of the plaintiff company (sec. 34, cb. 365, Laws of 1887),.it was required to begin the work of constructing its road within three years from the 7th of March, 1887 (when the act was ratified). At the election held in July, 1887, a majority of the qualified voters of Murfreesboro Township…
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This was a motion to continue an injunction till the hearing of the cause, heard at Chambees on the 20th day of January, 1891, before Brown, J. Under the .provisions of the original charter of the plaintiff company (sec. 34, cb. 365, Laws of 1887),.it was required to begin the work of constructing its road within three years from the 7th of March, 1887 (when the act was ratified). At the election held in July, 1887, a majority of the qualified voters of Murfreesboro Township voted in favor of the subscription of twenty-five thousand dollars in bonds of the township to the capital stock of the…
1Opinion of the CourtAvery, J.
After stating the facts: The salutary provision of the Constitution (Art. 8, § 1), which reserves to the Legislature, the right to alter or repeal all acts incorporating companies, enacted thereafter, does not authorize the passage of a subsequent act, which, under the pretence of protecting the public or of exercising an acknowledged police power, .appropriates a portion of the corporate property to the public use. Cooley’s Con. Lim., Mar., pp. 577 and 578. The amendatory law under which the County Commissioners proposed to proceed would not be allowed, if by its terms it provided for…
2Cases cited1 opinion
- McCorkle v. . BremSupreme Court of North Carolina · 1877
3Cited by8 opinions
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- Featherstone v. Carr.Supreme Court of North Carolina · 1903
- National Bank of Commerce v. ChatfieldTennessee Supreme Court · 1907
- Parler v. FogleSupreme Court of South Carolina · 1907
- Security Finance Co. v. MillsSupreme Court of North Carolina · 1928
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