Winslow v. . Winslow
Supreme Court of North Carolina
Issues arising upon Special Proceeding, tried before Gudger, Judge, at Spring Term, 1886, of Perquimans Superior Court. This is a Special Proceeding, brought in the Superior Court of the County of Perquimans, by the plaintiff, the owner of a tract of lowland, to obtain the right and authority to drain the same by cutting and keeping in repair ditches through the lands of the defendants, respectively, as allowed by The Code, chapter 30, vol. 1. The summons was duly issued and…
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Issues arising upon Special Proceeding, tried before Gudger, Judge, at Spring Term, 1886, of Perquimans Superior Court. This is a Special Proceeding, brought in the Superior Court of the County of Perquimans, by the plaintiff, the owner of a tract of lowland, to obtain the right and authority to drain the same by cutting and keeping in repair ditches through the lands of the defendants, respectively, as allowed by The Code, chapter 30, vol. 1. The summons was duly issued and served upon the defendants, and at the hearing of the petition the Court, (the Clerk,) made an order, appointing' three…
1Opinion of the CourtMerrimoN, J.
(after stating the facts). No question is made as to the regularity and propriety of submitting to the jury the issues set forth in the record, and we advert to them only for the purpose of saying that it may be questionable whether it is proper to submit such as they are. Darden v. Simmons, 84 N. C., 555.
The first exception cannot be sustained, because granting in this case, that the third and fourth issues were properly submitted to the jury, it does not follow from their finding that no laud was necessary for the protection and reparation of the ditches.
The Court did not think so, and…
2Cases cited4 opinions
- Norfleet v. CromwellSupreme Court of North Carolina · 1874
- Brown v. . KeenerSupreme Court of North Carolina · 1876
- Pool v. . TrexlerSupreme Court of North Carolina · 1877
- Durden v. . SimmonsSupreme Court of North Carolina · 1881
3Cited by5 opinions
- Durham v. Cotton Mills.Supreme Court of North Carolina · 1906
- Sisson v. Board of SupervisorsSupreme Court of Iowa · 1905
- Porter v. ArmstrongSupreme Court of North Carolina · 1904
- V. Wallace & Sons v. RobinsonSupreme Court of North Carolina · 1923
- Porter v. . ArmstrongSupreme Court of North Carolina · 1904