Mial v. Ellington.
Supreme Court of North Carolina
AotioN by A. T. Mial against J. C. Ellington and others, beard by Judge B. Br Peebles at July Term, 1903, of the Superior Court of Wane County. This is a civil action in the nature of a quo warranto tried upon the following agreed facts: At the session of 1889, Public Laws, chapter 363, an act was passed entitled, “An act providing an alternative method of constructing and keeping in repair the public roads of Raleigh Township, Wake County.”
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AotioN by A. T. Mial against J. C. Ellington and others, beard by Judge B. Br Peebles at July Term, 1903, of the Superior Court of Wane County. This is a civil action in the nature of a quo warranto tried upon the following agreed facts: At the session of 1889, Public Laws, chapter 363, an act was passed entitled, “An act providing an alternative method of constructing and keeping in repair the public roads of Raleigh Township, Wake County.” It was provided by said act that the justices of the peace of Raleigh Township should meet and, if a majority so decided, adopt the method of keeping in…
1Opinion of the Court
CLARK. C. J., concurring: MONTGOMERY and DOUGLAS, JJ., dissenting. This is a civil action in the nature of a quo warranto, tried upon the following facts agreed: At the session of 1889, Public Laws, ch. 363, was passed, entitled "An act providing an alternative method of constructing and keeping in repair the public roads of Raleigh Township, Wake County." It was provided by said act that the justices of the peace of Raleigh Township should meet and, if a majority so decided, adopt the method of keeping in repair the public roads of said township in accordance with the provisions of said act;…
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