Young v. . Barden
Supreme Court of North Carolina
EjectmeNT tried at Spring Term, 1883, of Coiaimbus Superior Court, before MaoRae, J. .The plaintiff alleges, in his complaint that the defendants as mayor and commissioners of the “ town of Fair Bluff” arc in possession of the lands described therein and unlawfully withhold from him possession thereof. The defendants deny the allegation of the complaint.
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EjectmeNT tried at Spring Term, 1883, of Coiaimbus Superior Court, before MaoRae, J. .The plaintiff alleges, in his complaint that the defendants as mayor and commissioners of the “ town of Fair Bluff” arc in possession of the lands described therein and unlawfully withhold from him possession thereof. The defendants deny the allegation of the complaint. On the trial the plaintiff introduced evidence to show title to the land in himself, and that he was in possession thereof on the 29th of June, 1880; that on that day the marshal of the said town, by order of its mayor, put him out of…
1Opinion of the CourtMerrimox, J.
Our opinion is that the plaintiff* cannot maintain this action, taking the facts to be as they appear in the case settled upon appeal.
The “town of Fair Bluff” is a municipal corporation, created by an act of the general assembly (private acts of 1872-’73, ch. 84). The defendants are described as the mayor and commissioners of that corporation, and it seems that it was the purpose of the plaintiff in this action to sue it. If so, he should have sued it in its corporate name, and as he did not, he has failed to make it a part}". Corporations must sue and be sued by their names, like natural…
2Cases cited2 opinions
- Chiniquy v. Catholic Bishop of ChicagoIllinois Supreme Court · 1866
- Lucas v. JohnsonNew York Supreme Court · 1850
3Cited by6 opinions
- Wiles v. Welparnel Const. Co., Inc.Supreme Court of North Carolina · 1978
- Plemmons v. Southern Improvement Co.Supreme Court of North Carolina · 1891
- CAROLINA PLYWOOD DISTRIBUTORS, INC. v. McAndrewsSupreme Court of North Carolina · 1967
- Russell v. BEA STAPLE MANUFACTURING COMPANYSupreme Court of North Carolina · 1966
- Crawford v. Aetna Casualty & Surety Co.Court of Appeals of North Carolina · 1979
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