Brevard Light & Power Co. v. Board of Light & Water Commissioners
Supreme Court of North Carolina
Appeal from Ferguson, J., April Term, 1909, of TeaNSYl-VANIA. This was a civil action, beard by Ferguson, J., at April Term, 1909, of tbe Superior Court of Transylvania County, on motion of defendant to remove tbe trial to the county of Cabarrus. His Honor overruled tbe motion, and defendant appealed.
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Appeal from Ferguson, J., April Term, 1909, of TeaNSYl-VANIA. This was a civil action, beard by Ferguson, J., at April Term, 1909, of tbe Superior Court of Transylvania County, on motion of defendant to remove tbe trial to the county of Cabarrus. His Honor overruled tbe motion, and defendant appealed. Tbe complaint alleged that the plaintiff is a partnership, composed of three named persons, located and doing business at Bre-vard, in Transylvania County; that the plaintiff’s business is the furnishing lights to the town of Brevard and its inhabitants, and it has an equipment for that purpose;…
1Opinion of the Court
ManNing, J\,
after stating the facts: The learned counsel for the plaintiff concede in their brief that if the decision of this Court in Jones v. Statesville, 97 N. C., 86, is applicable, his Honor erred in denying the motion of defendant to remove the action for trial to Cabarrus County. "We are satisfied, from an examination -of the provisions of the act creating the defendant, to-wit, chapter 71, Private Laws 1905, entitled “An act to amend the charter of the town of Concord,” that the defendant is nothing more than a public corporation — quasi municipal — a department or agency of the…
2Cases cited9 opinions
- People ex rel. Wilson v. SalomonIllinois Supreme Court · 1869
- Board of Commissioners v. ShieldsSupreme Court of Missouri · 1876
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- Fisher v. New Bern.Supreme Court of North Carolina · 1906
- Metz v. City of AshevilleSupreme Court of North Carolina · 1909
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