Lower Creek Drainage Commissioners v. Sparks
Supreme Court of North Carolina
Appeal by plaintiff from Harding, J., at the December Term, 1919, of Bueke. This is an action commenced before a justice of the peace, and beard in the Superior Court on appeal, to enforce an assessment against the lands of the defendants, levied by the commissioners of Lower Creek Drainage District under ch. 96, Public Laws 1909, which, after providing for the assessment, says, in sec. 4: “The assessment so levied shall constitute a lien upon the lands so assessed only,…
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Appeal by plaintiff from Harding, J., at the December Term, 1919, of Bueke. This is an action commenced before a justice of the peace, and beard in the Superior Court on appeal, to enforce an assessment against the lands of the defendants, levied by the commissioners of Lower Creek Drainage District under ch. 96, Public Laws 1909, which, after providing for the assessment, says, in sec. 4: “The assessment so levied shall constitute a lien upon the lands so assessed only, which shall be the lands designated by said freeholders in their report as injured or rendered less productive as…
1DissentClark, C. J.
Tbe statute under which this proceeding was instituted is very plain. It provides that the “collector shall be empowered to bring an action in the name of the corporation to enforce said lien by subjecting the land intended to be benefited by rendering it more productive either in the Superior Court or before a justice of the peace, and the court having jurisdiction of the amount due shall have power, upon summons served upon any of said landowners as prescribed in cases where actions are brought to enforce money demands where said landowners shall fail to pay such assessment, on or before…
2Cases cited3 opinions
- Smaw v. . CohenSupreme Court of North Carolina · 1886
- Rutherford v. RaySupreme Court of North Carolina · 1908
- Moring v. . LittleSupreme Court of North Carolina · 1886