Hill v. Railroad
Supreme Court of North Carolina
AotioN by W. E. Hill and others against the Atlantic and North Carolina Railroad Company and another, heard by Judge B. F. Long, at the February Term, 1906, of the Superior Court of CbaveN. This suit was brought by the plaintiffs to annul the lease of the Atlantic and North Carolina Railroad Company to the Howland Improvement Company, now the Atlantic and North Carolina Company, one of the defendants.
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AotioN by W. E. Hill and others against the Atlantic and North Carolina Railroad Company and another, heard by Judge B. F. Long, at the February Term, 1906, of the Superior Court of CbaveN. This suit was brought by the plaintiffs to annul the lease of the Atlantic and North Carolina Railroad Company to the Howland Improvement Company, now the Atlantic and North Carolina Company, one of the defendants. The action was commenced in the name of W. E. Hill in behalf of himself and all other stockholders of the Atlantic and North Carolina Railroad Company. C. E. Eoy and the Board of Commissioners…
1DissentClark, C. J.
The plaintiffs seek in this action to set aside the lease made by the Atlantic and North Carolina Railroad Company to the Howland Improvement Company, which has been succeeded by the Atlantic and North Carolina Company, which latter company is now fully vested with all of its rights and interests under the said lease. It is asserted that the lease is void upon several grounds: 1. Because the meeting of the railroad company, at which authority was given to execute the lease, was not called according to the provisions of its charter, in that the requisite notice of the time and place of holding…
2Cases cited41 opinions
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