City of Kinston v. Wooten
Supreme Court of North Carolina
ActioN tried before Neal, J., and a jury, at March Term, 1908, of Lenoik. The action was brought by the plaintiff ag'ainst the defendant for the purpose of having a lien declared against the lands of the defendant, situated on Queen Street, in the city of Kinston, N. C., and referred to in the complaint, and for the purpose of having the same condemned to be sold to pay the assessment made against said land by the board of aldermen of the city of Kinston, for the…
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ActioN tried before Neal, J., and a jury, at March Term, 1908, of Lenoik. The action was brought by the plaintiff ag'ainst the defendant for the purpose of having a lien declared against the lands of the defendant, situated on Queen Street, in the city of Kinston, N. C., and referred to in the complaint, and for the purpose of having the same condemned to be sold to pay the assessment made against said land by the board of aldermen of the city of Kinston, for the proportionate part of the cost of paving the roadway and sidewalk of Queen Street, in said city, as authorized by chapter 338,…
1Opinion of the Court
Hoke, J.,
after stating the facts: The statute under which the assessment was made and this action'instituted provides that the assessment shall be recovered by action, and that in any action to recover the same the owner of the property shall have the right to deny the whole or any part of the amount claimed to be due by the city, and to plead any irregularity in reference to the assessment or any fact relied upon to question the legality of the assessment; and the issues raised shall be tried and the cause disposed of according to law and the course and practice of the court. And in Kinston…
2Cases cited12 opinions
- Norwood v. BakerSupreme Court of the United States · 1898
- French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
- City of Raleigh v. PeaceSupreme Court of North Carolina · 1892
- Weed v. Mayor & Aldermen of BostonMassachusetts Supreme Judicial Court · 1898
- City of Atlanta v. HamleinSupreme Court of Georgia · 1895
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Caldwell Land & Lumber Co. v. SmithSupreme Court of North Carolina · 1909
- Felmet v. Town of CantonSupreme Court of North Carolina · 1919
- City of Durham v. Durham Public Service Co.Supreme Court of North Carolina · 1921
- Town of Tarboro v. StatonSupreme Court of North Carolina · 1911
- Durham v. . Public Service Co.Supreme Court of North Carolina · 1921
5 more not listed; retrieve them via the Exa API.