Legal Opinion

Wayne County Drainage District, No. 1 v. Parks

Supreme Court of North Carolina

Decided December 15, 1915PublishedCited by 6 opinions

Afpeai, by plaintiffs from Bond, J., at May Term, 1915, of Wayne. Special proceeding before tbe clerk, which was removed to the Superior Court of Wayne, at term, by appeal and order of the clerk, and there heard on exceptions of the plaintiff. This is a proceeding to establish a drainage district in Wayne County, to be known as No. 1. It seems from the record that the proceedings for that purpose instituted before the clerk were regularly conducted.

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Afpeai, by plaintiffs from Bond, J., at May Term, 1915, of Wayne. Special proceeding before tbe clerk, which was removed to the Superior Court of Wayne, at term, by appeal and order of the clerk, and there heard on exceptions of the plaintiff. This is a proceeding to establish a drainage district in Wayne County, to be known as No. 1. It seems from the record that the proceedings for that purpose instituted before the clerk were regularly conducted. Tbe preliminary report under Public Laws 1909, cb. 442, secs. 3, 4, 5, and 6, was filed and considered by tbe clerk, and tbe report establishing…

1Opinion of the Court

WaleeR, J.,

after stating the case: The statutes under which this proceeding was brought and conducted to final judgment seem to provide for an appeal at two stages thereof, one, under Public Laws of 1909, ch. 442, sec. 8, when the drainage district has been laid off, and another, under see. 17, when the time for an adjudication upon the final report of the viewers has arrived. J. ~W. Bizzell did not appear and except to cither of these reports, the preliminary or the final,- and the court, therefore, erred in allowing him to do so upon the application of the plaintiff for an additional issue…

2Cases cited10 opinions

  1. Broadfoot v. City of FayettevilleSupreme Court of North Carolina · 1899
  2. Thompson v. . SmithSupreme Court of North Carolina · 1911
  3. Bailey v. . HopkinsSupreme Court of North Carolina · 1910
  4. Shelton v. WhiteSupreme Court of North Carolina · 1913
  5. Williamson v. . BittingSupreme Court of North Carolina · 1912

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3Cited by6 opinions

  1. Curlee v. National Bank of FayettevilleSupreme Court of North Carolina · 1924
  2. Avent v. . ArringtonSupreme Court of North Carolina · 1890
  3. In Re Inheritance Tax, Baugham's EstateSupreme Court of North Carolina · 1916
  4. Cox v. BoydenSupreme Court of North Carolina · 1918
  5. Cox v. . BoydenSupreme Court of North Carolina · 1918

1 more not listed; retrieve them via the Exa API.

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