McCracken v. Greensboro, Northern & Atlantic Railway Co.
Supreme Court of North Carolina
■Appeal by plaintiff from Rountree, J., at August Term, 1914, of ALAMANCE. Civil action, beard on demurrer to complaint.
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■Appeal by plaintiff from Rountree, J., at August Term, 1914, of ALAMANCE. Civil action, beard on demurrer to complaint. A sufficient preliminary statement of tbe facts, as tbey appear in the complaint, is very well set forth in one of tbe briefs, as follows: “On 5 August, 1912, a petition was presented to tbe board of commissioners of Alamance County on tbe part of eacb of those townships of said county named in paragraph 2 (record, p. 4) of tbe complaint in this action — said petitions praying orders for elections to be held in eacb of said townships on tbe question of subscribing to tbe…
1Opinion of the CourtHoke, J.
From a perusal of the facts stated in the complaint, it clearly appears that this question of subscription was submitted to the voters of these townships and approved by them as a conditional proposition, and, in order to make the same definite and put it in a form that would render it enforcible, the railroad, some time prior to the election and in reference thereto, entered into an agreement with the Greensboro Loan and Trust Company, “as trustees for the various townships,” among other things, that if subscriptions should be approved at the approaching election, the bonds should be…
2Cases cited9 opinions
- Citizens' Sav. and Loan Assn. v. Perry CountySupreme Court of the United States · 1895
- Ballard v. BallardWest Virginia Supreme Court · 1885
- County of Randolph v. PostSupreme Court of the United States · 1877
- Memphis, Kansas & Colorado Railway Co. v. ThompsonSupreme Court of Kansas · 1880
- Burlington & Missouri River Railroad v. BoestlerSupreme Court of Iowa · 1864
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3Cited by18 opinions
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- Edgerton v. TaylorSupreme Court of North Carolina · 1922
- Morris v. . BasnightSupreme Court of North Carolina · 1920
- School Committee of Seventy-First Consolidated School District v. Board of EducationSupreme Court of North Carolina · 1923
- Commissioners v. . State TreasurerSupreme Court of North Carolina · 1917
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