Atlantic, Tennessee & Ohio Railroad v. Johnston
Supreme Court of North Carolina
Civil action) by one Board of Directors against anothei' Board, for the recovery of damages, tried before Moore, J., at the July (Special) Term, 1873, of MeoiclknbuRG SuperioT Court. The facts presented by the record, so far as they are .pertinent to the points decided on this appeal, are clearly and sufficiently stated in the opinion of the Court. From the judgment of the Court below, which is folly set out in the opinion, the defendants appealed.
1Opinion of the CourtEotoian, J.
The facts of this case appearing on the pleadings, so for as wo consider them material for the present pur pose, may be briefly stated. The action is brought in tbe name of the Railroad Company, by certain persons claiming to be tbe President and Directors of the Company, (and whom, for brevity, I shall call, as they were called in the argument, the McDowell Directors,) to recover damages for certain trespasses alleged to have been committed by the defendants, (whom for the same reason, I will call the Johnston Directors.) in forcibly entering upon and seizing certain lands and other property…
2Cases cited2 opinions
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