State v. Long
Supreme Court of North Carolina
INDICTMENT, tried before Macliae, Judge, and a jury, at September Term, 1885, of the Superior Court of Richmond county. The indictment charges, that the defendant erected and maintained a house, for a long space of time, “upon a certain public square, in the town of Rockingham, in said (Richmond) county, known in the plan of said town as Washington square, and upon which the court house of said county is situated; so that the citizens of this State, in, upon and through said…
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INDICTMENT, tried before Macliae, Judge, and a jury, at September Term, 1885, of the Superior Court of Richmond county. The indictment charges, that the defendant erected and maintained a house, for a long space of time, “upon a certain public square, in the town of Rockingham, in said (Richmond) county, known in the plan of said town as Washington square, and upon which the court house of said county is situated; so that the citizens of this State, in, upon and through said square, all that time, could not, nor can now, go, return, pass, and repass, as they ought and were accustomed to do,…
1Opinion of the Court
SMITH, C. J.,
(after stating the facts). Three grounds are assigned in support of the application for a.new trial, as follows:
I. The admission of incompetent evidence of boundary.
II. The refusal to give instructions asked; and
III. Error in those given to the jury.
Numerous witnesses were introduced by the State and by the defendant, whose testimony was conflicting as to the true location of the boundaries of the square, and whether the defendant’s house was upon any part of it. It was in evidence, however, that those under whom the defendant claimed, had enclosed under fence, and for many years…
2Cases cited2 opinions
- Kennedy v. . WilliamsSupreme Court of North Carolina · 1882
- Crump v. . MimsSupreme Court of North Carolina · 1870
3Cited by11 opinions
- Lee v. WalkerSupreme Court of North Carolina · 1952
- State v. . GodwinSupreme Court of North Carolina · 1907
- Wolfe v. PearsonSupreme Court of North Carolina · 1894
- Threadgill v. Town of WadesboroSupreme Court of North Carolina · 1916
- Rowe v. City of DurhamSupreme Court of North Carolina · 1952
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