Legal Opinion

State v. Jones

Supreme Court of North Carolina

Decided November 15, 1905PublishedCited by 28 opinions

INdxotmeNt for forcible trespass against Jesse Jones and others, beard by Judge W. B. Qouncill and a jury, at the July Term, 1905, of the Superior Court of Gbanville County. Upon a special verdict, setting out the facts, His Honor adjudged the defendants not guilty and the State appealed.

1Opinion of the CourtBbown, J.

The defendants, acting under the authority of the Board of Commissioners of the Town of Creedmoor, entered upon certain land of S. H. Rogers, the prosecuting witness, within the said town and proceeded to open and lay out a public street. Rogers was present and objected. We assume that the acts of lie defendant, Lyon, who was mayor, and his associates, constituted a forcible trespass unless they were duly authorized to enter upon and take possession of said land and open it as a public street. At a meeting of the board on May 16, 1905, the commissioners adopted a resolution condemning the…

2Cases cited11 opinions

  1. People v. . Adirondack Railway Co.New York Court of Appeals · 1899
  2. State v. Lytle.Supreme Court of North Carolina · 1905
  3. Swan v. WilliamsMichigan Supreme Court · 1852
  4. Johnston v. . RankinSupreme Court of North Carolina · 1874
  5. Carolina Central Railroad v. McCaskillSupreme Court of North Carolina · 1886

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3Cited by28 opinions

  1. Kessler v. ThompsonNorth Dakota Supreme Court · 1956
  2. Durham v. Rigsbee.Supreme Court of North Carolina · 1906
  3. REDEVELOPMENT COM'N OF CITY OF WASHINGTON v. GrimesSupreme Court of North Carolina · 1971
  4. State ex rel. Hunt v. City of MontevideoSupreme Court of Minnesota · 1919
  5. State v. Shine.Supreme Court of North Carolina · 1908

23 more not listed; retrieve them via the Exa API.

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