McDowell v. City of Asheville
Supreme Court of North Carolina
Civil actiox, beard at March Term, 1893, of Buxcoiibk Superior Court, before Graves, J., who ordered the writ of mandamus to issue as prayed for in the complaint, from which judgment the defendant appealed. The facts necessary to an understanding of tlio decision of the Court are fully stated in the opinion of Chief -Justice Shepherd.
1Opinion of the Court
Shepherd, 0. J.:
Under a provision of its amended charter (sec. 37, chapter 1.11, Pr. Acts of 1883) the defendant, on the 20th of August, 1887, condemned certain land of the plaintiffs and entered thereon and constructed a street, which it has continuously used ever since. The charter does not give the plaintiffs the right to institute proceedings for the assessment of damages, but, in case of disagreement, it imposes upon the defendant the duty of causing its Marshal to summon six freeholders who shall ascertain such damages as well as any special advantage which may result to the owners b}7…
2Cited by8 opinions
- Hardy v. SimpsonWest Virginia Supreme Court · 1937
- State Highway Commission v. ThorntonSupreme Court of North Carolina · 1967
- McGibson v. County Court, Roane CountyWest Virginia Supreme Court · 1924
- State Highway Commission v. ThorntonSupreme Court of North Carolina · 1967
- Town of Apex v. RubinSupreme Court of North Carolina · 2025
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