Wilmington & Weldon Railroad v. Alsbrook
Supreme Court of North Carolina
This was a motion made by the plaintiff for an injunction in an action in Halifax Superior Court, until final hearing, restraining the defendant from proceeding to enforce the collection of certain taxes assessed against its property, heard by Connor, J., at Chambers in Wilson, N. 0., on the 30Lh day of December, A. D. 1891. The temporary restraining order, with the order to show cause, was made by Brown, J., at Weldon, N. C., and was returnable before Bryan, J., of the…
Read the full summary
This was a motion made by the plaintiff for an injunction in an action in Halifax Superior Court, until final hearing, restraining the defendant from proceeding to enforce the collection of certain taxes assessed against its property, heard by Connor, J., at Chambers in Wilson, N. 0., on the 30Lh day of December, A. D. 1891. The temporary restraining order, with the order to show cause, was made by Brown, J., at Weldon, N. C., and was returnable before Bryan, J., of the Second Judicial District, on the 29th day of December, A. D. 1891, at Newbern, N. C. By consent of the parties the motion…
1Opinion of the Court
PLAINTIFF'S APPEAL.
Clark, J.:
The question presented by this appeal is the right of the State to tax the branch railroad from Halifax to Kinston, which was constructed by the plaintiff corporation in 1882, and in the succeeding years.
In the case of the Wilmington and Weldon Railroad Co. v. Reid, 13 Wall., 264, it was held that the charter of the plaintiff, which was granted in 1833, exempted all its property from taxation. The correctness of that decision, and its finality, at least in the aspect in which it was then presented to the Court, are not called in question by this litigation. The…
2Cases cited24 opinions
- Providence Bank v. BillingsSupreme Court of the United States · 1830
- Scovill v. ThayerSupreme Court of the United States · 1882
- Minot v. Philadelphia, Wilmington & Baltimore RailroadSupreme Court of the United States · 1874
- Tucker v. FergusonSupreme Court of the United States · 1875
- Piqua Branch of State Bank of Ohio v. KnoopSupreme Court of the United States · 1854
19 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Drainage Commissioners v. WebbSupreme Court of North Carolina · 1912
- Congregation of United Brethren of Salem & Vicinity v. Commissioners of Forsyth CountySupreme Court of North Carolina · 1894
- New Hanover County v. . WhitemanSupreme Court of North Carolina · 1925
- City of Wilmington v. CronlySupreme Court of North Carolina · 1898
- Lord & Polk Chemical Co. v. Board of AgricultureSupreme Court of North Carolina · 1892
21 more not listed; retrieve them via the Exa API.