Alexander v. . Autens Auto Hire
Supreme Court of North Carolina
Appeal by both parties from Webl, J., at the October Term, 1917, of MECKLENBURG. This is an action to restrain the defendants from parking automobiles in or otherwise obstructing a certain alley, and a cross-action to prevent the plaintiff from maintaining a gate across or partly across the alley. The plaintiff and defendants own adjoining lots in the city of Charlotte, and there is a public garage on the lot of the defendants abutting on the alley.
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Appeal by both parties from Webl, J., at the October Term, 1917, of MECKLENBURG. This is an action to restrain the defendants from parking automobiles in or otherwise obstructing a certain alley, and a cross-action to prevent the plaintiff from maintaining a gate across or partly across the alley. The plaintiff and defendants own adjoining lots in the city of Charlotte, and there is a public garage on the lot of the defendants abutting on the alley. Both parties claim title under Charles J. Fox, and in the deed under which the plaintiff claims the lot on which the plaintiff lives is conveyed,…
1Opinion of the Court
Per CuRiam :
Tbe Ghief Justice bas declined to participate in the consideration of these appeals because of his relationship to the plaintiff. The other members of the Court are unanimous in the opinion that there is no error in the appeal of the defendants, and being equally divided as to the correct disposition of the appeal of the plaintiff, both appeals must be affirmed under the precedents, which require a majority of the Court to reverse a judgment of the Superior Court.
Two members of the Court are of opinion that while the alley is not strictly a public one, as between the parties to…
2Cited by6 opinions
- Chesson v. . JordanSupreme Court of North Carolina · 1944
- Sachs v. ToquetSupreme Court of Connecticut · 1936
- Massee v. SchillerSupreme Court of Arkansas · 1967
- Basnight v. BasnightSupreme Court of North Carolina · 1955
- Jacobs v. . JenningsSupreme Court of North Carolina · 1942
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