State v. . Womble
Supreme Court of North Carolina
This was an INDICTMENT for failure to work on the public road, tried at the February Term, 1893, of the Superior Court of OhathaM County, before Bryan, J. The jury returned the following special verdict: The defendant was a depot agent at (roldston, Chatham county, in the employ of the Cape Fear & Yadkin Valley Railway Company, and was duly summoned by the overseer of the road in the township to work the same, to which he had been assigned by the Board of Supervisors.
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This was an INDICTMENT for failure to work on the public road, tried at the February Term, 1893, of the Superior Court of OhathaM County, before Bryan, J. The jury returned the following special verdict: The defendant was a depot agent at (roldston, Chatham county, in the employ of the Cape Fear & Yadkin Valley Railway Company, and was duly summoned by the overseer of the road in the township to work the same, to which he had been assigned by the Board of Supervisors. Defendant received the summons, but failed to appear and work as required, and refused to pay any amount in lieu thereof,…
1Opinion of the Court
Avery, J.:
Conceding that the section in the charter of the “Cape Fear & Yadkin Valley Railway Company” which provides that the “officers, servants and employees of the corporation shall be exempt trom the performance of ordinary militia duty, working on public road and serving on juries ” (section 25, chapter 147, Acts of 1852; chapter 67, Laws of 1879) constituted no part of the contract between the State and the company, it remains to be determined whether that particular section has been repealed by the enactment of sections 2018 and 2059 of The Code, which declare that certain classes of…
2Cases cited5 opinions
- State v. . MooreSupreme Court of North Carolina · 1889
- Bagg v. Wilmington, Columbia & Augusta RailroadSupreme Court of North Carolina · 1891
- Hughes v. Commissioners of Craven CountySupreme Court of North Carolina · 1890
- Town of Durham v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- Shepherd v. Commissioners of WakeSupreme Court of North Carolina · 1884