Lower Creek Drainage Commissioners v. Mitchell
Supreme Court of North Carolina
Appeal by defendant from Adams, J., at May Term, 1915, of Caldwell. ' Action to recover assessments levied against tbe defendants' in Lower Creek Drainage District in Burke and Caldwell counties. Tbe district was organized under cb. 96, Public Laws 1909, and it is provided therein tbat tbe collector shall collect tbe assessments by civil action, with tbe right of appeal to tbe Superior Court, if tbe action is instituted before a justice of tbe peace.
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Appeal by defendant from Adams, J., at May Term, 1915, of Caldwell. ' Action to recover assessments levied against tbe defendants' in Lower Creek Drainage District in Burke and Caldwell counties. Tbe district was organized under cb. 96, Public Laws 1909, and it is provided therein tbat tbe collector shall collect tbe assessments by civil action, with tbe right of appeal to tbe Superior Court, if tbe action is instituted before a justice of tbe peace. Tbe original act was amended by cb. 46, Public-Local Laws 1911, which granted additional powers, including tbe right to levy larger assessments,…
1Opinion of the CourtAllen, J.
Statutes similar to tbe one before us, providing for tbe drainage of lowlands, have been sustained as a valid exercise of legislative power in several recent decisions. Adams v. Joyner, 147 N. C., 83; Sanderlin v. Luken, 152 N. C., 738, and others. It is also settled in this State and elsewhere tbat it is permissible for tbe General Assembly to give to proof of certain facts tbe effect of establishing prima facie a fact in issue, provided there is a reasonable relation between tbe two. The same rule prevails as to civil and criminal causes, and was very fully considered in S. v. Barrett, 138…
2Cases cited8 opinions
- State v. Barrett.Supreme Court of North Carolina · 1905
- Claus v. Lee.Supreme Court of North Carolina · 1906
- State v. WilkersonSupreme Court of North Carolina · 1913
- Sanderlin v. LukenSupreme Court of North Carolina · 1910
- Adams v. . JoynerSupreme Court of North Carolina · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State Ex Rel. North Carolina Milk Commission v. National Food Stores, Inc.Supreme Court of North Carolina · 1967
- Beaufort County Lumber Co. v. Drainage CommissionersSupreme Court of North Carolina · 1917
- O'Neal v. . MannSupreme Court of North Carolina · 1927
- Harlan National Bank v. BrownCourt of Appeals of Kentucky (pre-1976) · 1958