City of Kinston v. Loftin
Supreme Court of North Carolina
ActioN, tried before Neal, J., March Term, 1908, of LeNoie, to enforce collection of special assessment against property of defendants, jury trial having been formally waived by the parties.
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ActioN, tried before Neal, J., March Term, 1908, of LeNoie, to enforce collection of special assessment against property of defendants, jury trial having been formally waived by the parties. There was judgment for plaintiff for the amount of the assessment claimed, and defendants excepted and appealed, noting their exceptions as follows: “The defendants excepted to the judgment rendered for the reason that, under the evidence and the facts found, it should have been rendered in favor of the defendants and against the plaintiff, as no notice was given to the defendants of the assessment…
1Opinion of the Court
Hoee, J.,
after stating the case: The right to make assessments of this character, and the reasons upon which it may be properly máde to rest, are fully and forcibly stated in the .opinion delivered by Shepherd, J., for the Court, in the case of Raleigh v. Peace, 110 N. C., 32; and the method of assessment per front feet, being the one directed and pursued in this instance, has been also sanctioned with us by express decision. Hilliard v. City of Asheville, 118 N. C., 845. And the correct doctrine, with reference to notice required in these proceedings, is against the position contended for by…
2Cases cited2 opinions
- City of Raleigh v. PeaceSupreme Court of North Carolina · 1892
- Hilliard v. City of AshevilleSupreme Court of North Carolina · 1896
3Cited by14 opinions
- Gunter v. Town of SanfordSupreme Court of North Carolina · 1923
- Browning v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1964
- Jennings v. State Highway CommissionSupreme Court of North Carolina · 1922
- Felmet v. Town of CantonSupreme Court of North Carolina · 1919
- City of Kinston v. WootenSupreme Court of North Carolina · 1909
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