Hutchins v. Town of Durham
Supreme Court of North Carolina
Civil actioN, brought by plaintiff to recover damages-for being violently evicted from a meat stall in the market house of defendant Towm of Durham by its oofficers under the orders of its governing authorities. The case was tried before Starbuek, Judge, at October Term, 1895, of DuriiaM Superior Court. The plaintiffs alleged. II.
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Civil actioN, brought by plaintiff to recover damages-for being violently evicted from a meat stall in the market house of defendant Towm of Durham by its oofficers under the orders of its governing authorities. The case was tried before Starbuek, Judge, at October Term, 1895, of DuriiaM Superior Court. The plaintiffs alleged. II. That the town of Durham owns a market house in said town and rents the stalls to various persons for various purposes, and while acting in its ministerial and corporate character, managed and maintained the said market-house and the stalls therein, for its own…
1Opinion of the CourtAvery, J.
(after stating the case) : Upon offering the required testimony as to character and capacity, the defendant at the regular time provided in the ordinances of the town for renting (during the last week in April, 1887) rented stall No. 2 in the defendant’s market house at a rental of thirteen dollars per month, and there being ro further public rentings in pursuance of the ordinance until April, 1894, the plaintiff, though still retaining stall No. 2, added stall No. 3, by purchasing the business of one M. Openheimer, who at the first letting leased and occupied it. Since the plaintiff took…
2Cases cited3 opinions
- McCless v. MeekinsSupreme Court of North Carolina · 1895
- State v. . SteeleSupreme Court of North Carolina · 1890
- Koonce v. . RussellSupreme Court of North Carolina · 1889
3Cited by17 opinions
- Hartford Accident & Indemnity Co. v. HoodSupreme Court of North Carolina · 1946
- Galligan v. Town of Chapel HillSupreme Court of North Carolina · 1970
- State Ex Rel. Caldwell v. WilsonSupreme Court of North Carolina · 1897
- Yellow Taxicab Co. v. GaynorNew York Supreme Court · 1913
- Wallace v. Mayor of RenoNevada Supreme Court · 1903
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