State Ex Rel. Howerton v. Tate
Supreme Court of North Carolina
Civil action to recover the offices of directors on the part of the State in the Western North Carolina Railroad Company, (Eastern Division,) commenced in Rowan Superior Court, and at Fall Term, 1872, a trial by jury having been waived by consent of both parties, the case was by agreement let for trial before his Honor, John M. Cloud, Judge of 8th Judicial District, on the — day of January, 1873, in the City of Raleigh.
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Civil action to recover the offices of directors on the part of the State in the Western North Carolina Railroad Company, (Eastern Division,) commenced in Rowan Superior Court, and at Fall Term, 1872, a trial by jury having been waived by consent of both parties, the case was by agreement let for trial before his Honor, John M. Cloud, Judge of 8th Judicial District, on the — day of January, 1873, in the City of Raleigh. The case was accordingly tried at the time and place agreed on. The said 'Western North Carolina Railroad Company is a corporation duly created by Act of the General Assembly,…
1Opinion of the CourtSettle, J.
In deciding the points presented in this record we have only to apply the principles enunciated in Clark v. Stanley, 66 N. C. Rep, 59 and the People v. Bledsoe and the People v. McKee, at this term.
We shall endeavor to do so in as few words as possible, and for the sake of convenience we will designate the boards of directors contending for the management of this road by the names of their respective presidents.
Clark v. Stanly decides that the Legislature cannot authorize the presiding officers of its two branches to appoint proxies and directors in all corporations in which the State has an…
2Cases cited1 opinion
- C. C. Clark and Others v. . E. R. Stanley and OthersSupreme Court of North Carolina · 1872
3Cited by12 opinions
- Springer v. Government of Philippine IslandsSupreme Court of the United States · 1928
- State ex rel. Holt v. DennyIndiana Supreme Court · 1889
- State ex inf. Hadley v. WashburnSupreme Court of Missouri · 1902
- Brown v. . TurnerSupreme Court of North Carolina · 1874
- Osborne v. . Canton and Kinsland v. . MacKeySupreme Court of North Carolina · 1941
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