Legal Opinion

Raleigh & Gaston Rail Road v. Davis

Supreme Court of North Carolina

Decided December 5, 1837PublishedCited by 42 opinions

The plaintiffs were incorporated by an act of the general assembly passed in December, 1835 (2 Rev. stat. 299,) “ for the purpose of effecting a communication by a railroad from some point, in or near the city of Raleigh, to the termination of the Greensville and Roanoke rail-road, at or near Gaston, on the Roanoke river.”

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The plaintiffs were incorporated by an act of the general assembly passed in December, 1835 (2 Rev. stat. 299,) “ for the purpose of effecting a communication by a railroad from some point, in or near the city of Raleigh, to the termination of the Greensville and Roanoke rail-road, at or near Gaston, on the Roanoke river.” After providing for the organization of the company, with the usual faculties of pleading and being impleaded, and purchasing and holding estates real and personal, as far as may be necessary for the purposes of the act, it proceeds in the seventh section, “ to invest the…

1Opinion of the Court

Upon those questions the Court had the benefit of a full argument at the last term. The impressions received were then so decided, as to have warranted the delivering of our judgment immediately, if it had been necessary; but as the pi'osecution of the work conducted by this company could not be impeded by the delay, and some of the points made are novel and of much magnitude, in reference to a class of subjects on which there has been recently and probably will be copious legislation, it seemed discreet, before announcing a decision, to give to the argument, and to the whole subject, the…

2Cases cited3 opinions

  1. Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
  2. Lessee of Livingston v. MooreSupreme Court of the United States · 1833
  3. Case v. ThompsonNew York Supreme Court · 1831

3Cited by42 opinions

  1. Kincaid v. City of SeattleWashington Supreme Court · 1913
  2. Yarborough v. North Carolina Park CommissionSupreme Court of North Carolina · 1928
  3. North Carolina State Highway & Public Works Commission v. BlackSupreme Court of North Carolina · 1954
  4. Jeffress v. Town of GreenvilleSupreme Court of North Carolina · 1911
  5. Phillips v. Postal Telegraph Cable Co.Supreme Court of North Carolina · 1902

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