In Re Lyon Swamp Drainage District
Supreme Court of North Carolina
Appeal by Drainage Commissioners from Devin, J., at chambers, 25 January, 1918; from Pendes. . This is a petition by certain members of the Lyon Swamp Drainage District. They do not attack the formation of the original district nor the bond issues on account thereof, nor are they seeking to enjoin the collection of taxes, or in any way to change the boundaries of the district, or the decrees already made.
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Appeal by Drainage Commissioners from Devin, J., at chambers, 25 January, 1918; from Pendes. . This is a petition by certain members of the Lyon Swamp Drainage District. They do not attack the formation of the original district nor the bond issues on account thereof, nor are they seeking to enjoin the collection of taxes, or in any way to change the boundaries of the district, or the decrees already made. The petitioners have paid all their assessments for the expenses in forming the district and its maintenance and the taxes levied for the payment of the bonds. This is a supplementary…
1Opinion of the CourtClark, C. J.
In Adams v. Joyner, 147 N. C., 77, almost the identical question was presented and decided. The defendant there contended that the formation of the district had been settled in a drainage proceeding in 1891, and pleaded estoppel and res judicata. The Court, however, held against this contention and the point came fairly before the Court in Staton v. Staton, 148 N. C., 490. The Court held that.the judgment which had been entered in 1886 was “not a final judgment conclusive of the rights of the parties for all time, as in a litigated matter, but it is a proceeding, in rem which can be brought…
2Cases cited2 opinions
- Adams v. . JoynerSupreme Court of North Carolina · 1908
- Staton v. . StatonSupreme Court of North Carolina · 1908
3Cited by4 opinions
- Pasquotank Drainage District, No. 1 v. CahoonSupreme Court of North Carolina · 1927
- Board of Drainage Commissioners of Lyon Swamp Drainage v. BordeauxSupreme Court of North Carolina · 1927
- In Re Lyon Swamp Drainage & Levee DistrictSupreme Court of North Carolina · 1947
- Oden v. . BellSupreme Court of North Carolina · 1923