Wool v. Town of Edenton
Supreme Court of North Carolina
Notion, for mandamus, tried before BoyT&in, L, and a jury, at Spring Term, 1895, of Chowan Superior Court. Upon an intimation by bis Honor during the trial that the action could not be maintained, the plaintiff submitted to a non-suit and appealed. The facts are fully stated in the opinion of Associate Justice MontgoMery.
1Opinion of the Court
MONTGOMERY, J.:
Since the passage in 1893 of the two amendatory Acts of Section 2751 of The Code, it is the duty of the authorities of an incorporated town situated on navigable waters, upon the application of the riparian owner of the land adjacent to those covered by water, “to regulate the line on deepwater -to which wharfs may be built,” just as it was their duty to regulate the line on deep water to which entries might be made before the passage of the amendatory Acts. The plaintiff made an application in 1893 to the Board of Councilmen of Edenton to have the deep water line fixed on his…
2Cases cited2 opinions
- Wool v. Town of EdentonSupreme Court of North Carolina · 1894
- Wool v. Town of EdentonSupreme Court of North Carolina · 1893
3Cited by2 opinions
- Merrick v. Bedford.Supreme Court of North Carolina · 1906
- Clegg v. Railroad Co.Supreme Court of North Carolina · 1904