Mann v. . Mann
Supreme Court of North Carolina
Special PROCEEDINGS, tried before Bond, J., on 10 July, 1918, upon a motion to amend tbe judgment of tbe court therein. Tbe object of tbe original proceeding was to establish a drainage district composed of tbe lands covered by tbe waters of Mattamuskeet Lake and those lands within two miles of its shores, under tbe Laws of 1909, chapters 442 and 509. Tbe clerk of tbe Superior Court appointed a board of viewers, and thereafter such proceedings were bad as were authorized by…
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Special PROCEEDINGS, tried before Bond, J., on 10 July, 1918, upon a motion to amend tbe judgment of tbe court therein. Tbe object of tbe original proceeding was to establish a drainage district composed of tbe lands covered by tbe waters of Mattamuskeet Lake and those lands within two miles of its shores, under tbe Laws of 1909, chapters 442 and 509. Tbe clerk of tbe Superior Court appointed a board of viewers, and thereafter such proceedings were bad as were authorized by the statutes. Exceptions were filed.by many of tbe parties, wbieb were heard and considered by the court, and finally…
1Concurrence
Clark, O. J.,
concurring: The points raised by this appeal were decided in the former ease, Gibbs v. Drainage Comrs., 175 N. C., 5, and that decision is conclusive of this case, which merely presents the same contentions in a different way.
Milton’s fallen angel does say, in the emphatic language quoted in the dissenting opinion in this case, that the judgment against him was final and conclusive, no matter “which way” he turned, but he completed the line by admitting the justice of the judgment. Paradise Lost, Book IY, line 75. Neither he nor any one else since has denied the conclusiveness…
2Cases cited1 opinion
- Gibbs v. Drainage Commissioners of Mattamuskeet DistrictSupreme Court of North Carolina · 1917