Wolfe v. Pearson
Supreme Court of North Carolina
Civil actioN, tried before Hoke, J., and a jury, at Spring Term, 1892, of BuxcoMise Superior Court. The complaint was as follows: “1. That the plaintiff Julia E. Wolfe, wife of plaintiff W. 0. Wolfe, is now, and was at the time hereinafter mentioned, the owner in fee-simple and in possession of certain lot lands in the city of.
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Civil actioN, tried before Hoke, J., and a jury, at Spring Term, 1892, of BuxcoMise Superior Court. The complaint was as follows: “1. That the plaintiff Julia E. Wolfe, wife of plaintiff W. 0. Wolfe, is now, and was at the time hereinafter mentioned, the owner in fee-simple and in possession of certain lot lands in the city of. Asheville, county of Buncombe, and State of North Carolina, bounded as follows (here follows description). “ 2. That there were at the time hereinafter named, and have been for many years prior thereto, a street or public highway on the north or front side of said lot…
1Opinion of the Court
MacRak, J.:
It will not be necessary to consider in their order the objections to evidence and exceptions thereto, as the case will be disposed of in the consideration of the errors alleged in the instructions of his Honor to the jury.
The defendant rested his defence on the merits upon two grounds: (1), because he was abating a nuisance; (2), because the action of the Board of Aldermen, approving his act, related back and justified the conduct of defendant. His Honor held that neither position can be maintained by defendant on the evidence, and he directed the jury if they believed the…
2Cases cited6 opinions
- Poindexter v. GreenhowSupreme Court of the United States · 1885
- Zottman v. City & County of San FranciscoCalifornia Supreme Court · 1862
- Harrison v. . RicksSupreme Court of North Carolina · 1874
- Page v. BelvinSupreme Court of Virginia · 1892
- Lassiter v. . LassiterSupreme Court of North Carolina · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Ralston v. Town of WestonWest Virginia Supreme Court · 1899
- Alexander v. . GibbonSupreme Court of North Carolina · 1896
- Harper v. Town of LenoirSupreme Court of North Carolina · 1910
- Hester v. Traction Co.Supreme Court of North Carolina · 1905
- Calhoun v. State Highway & Public Works CommissionSupreme Court of North Carolina · 1935
14 more not listed; retrieve them via the Exa API.