Dover Lumber Co. v. Board of Commissioners
Supreme Court of North Carolina
ActioN to enjoin an annual assessment of $1,992.50 each year for five years made against plaintiff’s timber by defendants. Tfie cause was beard by Lyon, J., at November Term, 1916, of Craven, upon an agreed state of facts. His Honor field that tfie assessment was valid and came witfiin tfie terms of tfie drainage laws, and dissolved the injunction. Plaintiff appealed.
1Opinion of the CourtBrown, J.
Tfie case agreed substantially sets forth these facts: Tfie Dover Lumber Company, a corporation, owned certain rights to cut standing timber upon tfie lands of the West estate, situated witfiin tfie Moseley Creek Drainage District. Tfie timber was conveyed to plaintiff, with tfie privilege of removing it witfiin a stipulated period, prior to tfie formation of tfie drainage district.
"When tfie district was formed tfie plaintiff was not made a party nor served ivitfi summons, neither was tfie particular timber or tfie plaintiff referred to anywhere in tfie proceedings. No summons was issued…
2Cases cited9 opinions
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- McMullen v. State ex rel. KendleIndiana Supreme Court · 1886
- Kinnie v. BareMichigan Supreme Court · 1888
- Banks v. . LaneSupreme Court of North Carolina · 1915
- Curran v. County of SibleySupreme Court of Minnesota · 1891
4 more not listed; retrieve them via the Exa API.