Bunting v. . Stancill
Supreme Court of North Carolina
PROCEEDING for Draining Lands commenced before the Clerk, and heard at Spring Term, 1878, of Edgecombe Superior Court, at Chambers, before Henry, J. The defendant objected to the jurisdiction, the objection was sustained by the Court, on the ground that the proceeding should have been commenced by summons returnable to the Court at term time as provided by ch. 222, Laws 1876-77, and the proceeding dismissed, from which ruling the plaintiffs appealed.
1Opinion of the CourtSmith, C. J.
At the last session of the general assembly an act was passed and went into effect on the 27th day of February, 1877,. which repeals chapter 89 of Battle’s Revisal and chapter 112 of the acts of 1874-75, and reinstates and declares in force chapter 164 of the acts of 1868-69. The statute thus revived provides fully for the drainage of wet and overflowed lands, through canals or ditches cut in the lands of others, and regulates in detail the proceedings necessary thereto.
At the same session another act was passed entitled, “An act for draining wet lands,” which was ratified on the 9th day of…
2Cited by2 opinions
- Durden v. . SimmonsSupreme Court of North Carolina · 1881
- State v. . MongerSupreme Court of North Carolina · 1892