Church v. . Dula
Supreme Court of North Carolina
ActioN to recover damages for maintenance of a public nuisance, causing special damages to plaintiff, tried before Ward, J., and a jury, at November Term, 1907, of Caldwell.
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ActioN to recover damages for maintenance of a public nuisance, causing special damages to plaintiff, tried before Ward, J., and a jury, at November Term, 1907, of Caldwell. Issues were submitted as follows: 1. “Is tbe plaintiff tbe owner of tbe lands described'as lots Nos. 31 and 38, mentioned in tbe complaint?” Answer: “Yes.” 2. “Does lot No. 37 abut on Asbe Street?” Answer: “Yes.” 3. “Has tbe plaintiff tbe right to bare said street opened ?” Answer: “Yes.” 4. “Have tbe defendants tbe right to place said bouse in tbe street called Asbe Street, in front of lot No. 37 ?” Answer: “No.” At tbe…
1Opinion of the Court
IIoKE, J.,
after stating tbe facts: Tbe evidence tended to show that, in 1841, under and pursuant to an act of tbe Legislature, certain lands, including that now in controversy, were conveyed to Edmond Jones, Chairman of tbe County Court, for tbe purpose of laying out a town, to be called Lenoir, where the public buildings of tbe county of Caldwell should be erected and tbe public offices of tbe county should be kept; that the sites for public buildings having been selected, tbe lands were laid off into streets and lots, and a map thereof made and filed in tbe office of the Eegister of Deeds…
2Cases cited4 opinions
- Moose v. . CarsonSupreme Court of North Carolina · 1889
- City of Southport v. StanlySupreme Court of North Carolina · 1899
- Truluck v. PeeplesSupreme Court of Georgia · 1847
- City of Port Huron v. ChadwickMichigan Supreme Court · 1883
3Cited by6 opinions
- City of Asheville v. HerbertSupreme Court of North Carolina · 1925
- City of Winston-Salem v. SmithSupreme Court of North Carolina · 1939
- Moore v. . MeroneySupreme Court of North Carolina · 1910
- Allen v. Town of ReidsvilleSupreme Court of North Carolina · 1919
- State Co. v. FinleySupreme Court of North Carolina · 1909
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