Gruber Ex Rel. Gruber v. Washington & Jamesville Railroad
Supreme Court of North Carolina
Cívil ACTION tried at Spring Term, 1883, of Martin Superior Court, before Shepherd, J. The appellant, a corporation formed under an act of the General Assembly for the purpose of cutting and forwarding to market timber growing upon lands in certain specified counties, and with authority to construct and operate a railroad through said lands between the towns of Washington and Jamesville on the Roanoke river, in furtherance of the objects of its organization had employed…
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Cívil ACTION tried at Spring Term, 1883, of Martin Superior Court, before Shepherd, J. The appellant, a corporation formed under an act of the General Assembly for the purpose of cutting and forwarding to market timber growing upon lands in certain specified counties, and with authority to construct and operate a railroad through said lands between the towns of Washington and Jamesville on the Roanoke river, in furtherance of the objects of its organization had employed steamers to run, as common carriers of persons and freight, between its last named terminus and the town of Elizabeth City,…
1Opinion of the Court
Smith, C. J.,
after stating the abo\7c: The motion to dismiss the appeal for want of a justification of the sufficiency of the sureties to the undertaking filed must be denied.
The case settled by the presiding judge AAÚth consent of parties on September 14th, 1883, and bearing his signature, contains these AArords:
Judgment — appeal by railroad company — bond fixed at tAA'enty-frve dollars — bond given — notice AAraived — by consent defendant given 30 days to serve statement of case.
The undertaking had been executed early in July preceding, and consequently has been accepted in its present…
2Cases cited3 opinions
- Hakshaw's Executors v. McDowellSupreme Court of North Carolina · 1883
- Hancock v. . BramlettSupreme Court of North Carolina · 1881
- McMillan v. . NyeSupreme Court of North Carolina · 1884
3Cited by7 opinions
- Nims v. Mount Hermon Boys' SchoolMassachusetts Supreme Judicial Court · 1893
- Ekeberg v. MackaySupreme Court of Minnesota · 1911
- White v. International Textbook Co.Supreme Court of Iowa · 1916
- Moring v. . LittleSupreme Court of North Carolina · 1886
- Jones v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1909
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