King v. . Shuford
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Henderson County, at the Special Term in June 1S4P, his Honor Judge Caldwell presiding. This was an action on the case for overflowing the plaintiff’s land, by the erection by the defendant of a dam fora public grist mill in Henderson County. It was brought in the Superior Court of that County ; and the question was, whether it would lie, inasmuch as the plaintiff had not first filed a petition to have the annual damage assessed.
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Appeal from the Superior Court of Law of Henderson County, at the Special Term in June 1S4P, his Honor Judge Caldwell presiding. This was an action on the case for overflowing the plaintiff’s land, by the erection by the defendant of a dam fora public grist mill in Henderson County. It was brought in the Superior Court of that County ; and the question was, whether it would lie, inasmuch as the plaintiff had not first filed a petition to have the annual damage assessed. The presiding judge held that it would not, and gave judgment for the defendant, and the plaintiff appealed.
1Opinion of the CourtRuffin, C. J.
The decision of the Superior Court is sustained by the general law, Rev. Stat. Ch. 74 sec. 14, and the case of Mumford v. Terry, 2 Law Rep. 425. But it is contended for the plaintiff’, that the law was altered by the Act of 1844, ch, 12, and that now there is no rem ody for a nuisance of this kind, in thG County of Henderson, but by the common law action The Act in question enacts, “ that it shall not be lawful for the County Courts of Buncombe, Henderson and several adjoining Counties named to try any causes, where a jury may be necessary, nor shall they summon any jury to attend them, and…
Also in this document: Per curiam.
2Cited by1 opinion
- Mumford v. . TerrySupreme Court of North Carolina · 1816