State v. Wells.
Supreme Court of North Carolina
INDICTMENT against D. Wells, beard before Judge E. B. Jones at the August Term, 1906, of the Superior Court of Duplin. Defendant, having been convicted before a- justice of the peace for a wilful trespass, under Revisal, see. 3688, appealed to the Superior Court, where, at August Term, it was agreed that the Judge might find the facts and enter judgment accordingly. The Court found the facts, and thereon adjudged defendant guilty and imposed a fine of one dollar.
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INDICTMENT against D. Wells, beard before Judge E. B. Jones at the August Term, 1906, of the Superior Court of Duplin. Defendant, having been convicted before a- justice of the peace for a wilful trespass, under Revisal, see. 3688, appealed to the Superior Court, where, at August Term, it was agreed that the Judge might find the facts and enter judgment accordingly. The Court found the facts, and thereon adjudged defendant guilty and imposed a fine of one dollar. Defendant excepted and appealed, assigning for error that the Court adjudged defendant guilty on the facts as found. From the…
1Opinion of the Court
Hoke, J.,
after stating the case: The question intended to be presented in this appeal is whether, under the statute referred to, conferring power to condemn land, and on the facts as found by the Court, the railroad corporation, by its agent and employees, had the right to enter on the lands of E. II. Carter, the prosecutor, for the purpose of constructing their road before an appraisement made and before paying into court the sum appraised by the commissioners appointed for the purpose.
The statute, ch. 61 of the Revisal, sec. 2575, provides that •the company may enter on land for the…
2Cases cited12 opinions
- State v. . WhitenerSupreme Court of North Carolina · 1885
- State v. . HoltSupreme Court of North Carolina · 1884
- Chowan & Southern Railroad v. ParkerSupreme Court of North Carolina · 1890
- State v. . GlennSupreme Court of North Carolina · 1896
- State v. . LyleSupreme Court of North Carolina · 1888
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. LewisSupreme Court of North Carolina · 1968
- State v. ClyburnSupreme Court of North Carolina · 1958
- State v. . CambySupreme Court of North Carolina · 1935
- State v. CookeSupreme Court of North Carolina · 1958
- State v. CookeSupreme Court of North Carolina · 1957
14 more not listed; retrieve them via the Exa API.