Call v. Town of Wilkesboro
Supreme Court of North Carolina
This was a civil action, commenced on the __ day of April, 1893, heard upon a temporary restraining order issued by Boykin, J., at chambers at 'Mocksville, N. C., upon the following facts agreed : ■ On the __ day of-, 1891, the authorities of the town of Wilkesboro, under the power granted in their charter, passed at the session of 1889, declared it a public necessity to open a street from the south end of the iron bridge across the Yadkin river down to Vine’s saw-mill.
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This was a civil action, commenced on the __ day of April, 1893, heard upon a temporary restraining order issued by Boykin, J., at chambers at 'Mocksville, N. C., upon the following facts agreed : ■ On the __ day of-, 1891, the authorities of the town of Wilkesboro, under the power granted in their charter, passed at the session of 1889, declared it a public necessity to open a street from the south end of the iron bridge across the Yadkin river down to Vine’s saw-mill. That on the __ day of-, 1891, I. S. Call instituted a suit in the Superior Court of Wilkes County against the town of…
1Opinion of the Court
Shepherd, C. J.:
On the 6th of March, 1893, the General Assembly passed the following act:
“Section 1. That the Board of Town Commissioners of the town of Wilkesboro are hereby authorized to lay off, locate and establish a public street in the town of Wilkesboro not less than sixteen feet wide, commencing at the southeast approach of the iron bridge across the Yadkin river between Wilkesboro and North Wilkesboro, thence down the bank of said river, the most practical way, to Garrett Vine’s saw and lumber mills.
“ Section 2. That said street shall be located under the law providing for the…
2Cited by5 opinions
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- Bailey v. Bd. of Levee Com'rs for Yazoo-Miss.Mississippi Supreme Court · 1967