Merrimon v. Paving Company.
Supreme Court of North Carolina
AgtioN by B. II. Merrimon and others against Southern Paving and Construction Company and others, heard by Judge Cr. 8. Ferguson at the April Term, 1906, of the Superior Court of Guilfokd, upon the demurrer to the complaint.
Read the full summary
AgtioN by B. II. Merrimon and others against Southern Paving and Construction Company and others, heard by Judge Cr. 8. Ferguson at the April Term, 1906, of the Superior Court of Guilfokd, upon the demurrer to the complaint. The plaintiffs, citizens and tax-payers of the city of Greensboro, instituted this action on 13 March, 1906, against the defendants, The Southern Paving and Construction Company, the City of Greensboro, T. A. Hunter, a member of the Board of Aldermen and Chairman of Street Committee; W'. G. Potter, city engineer, and T. J. Murphy, Mayor of said city. They allege that the…
1Opinion of the Court
CoNNOR, J.,
after stating the case: The demurrer raises three questions, all of which are clearly presented in the briefs and were ably argued in this Court: 1. Does the citizen, in respect to his right to invoke the equitable powers of the Court to control the action of a municipal corporation regarding its property, occupy the same relation to the corporation as a shareholder in a private corporation, and is his right to bring such suit governed by the rules applicable to such shareholder ? 2. What are the limitations upon the right of a shareholder to bring suits regarding the control of…
2Cases cited8 opinions
- Hawes v. OaklandSupreme Court of the United States · 1882
- Brewer v. Proprietors of the Boston TheatreMassachusetts Supreme Judicial Court · 1870
- Moore v. Silver Valley Mining Co.Supreme Court of North Carolina · 1889
- Hedges v. DamCalifornia Supreme Court · 1887
- Zane v. SoffeSupreme Court of the United States · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Brewer v. . WynneSupreme Court of North Carolina · 1911
- Goldston v. StateSupreme Court of North Carolina · 2006
- State v. ScottSupreme Court of North Carolina · 1921
- State v. . ScottSupreme Court of North Carolina · 1921
- Metcalf v. Black Dog Realty, LLCCourt of Appeals of North Carolina · 2009
36 more not listed; retrieve them via the Exa API.