Legal Opinion · Dissent

State v. . Womble

Supreme Court of North Carolina

Decided February 5, 1893PublishedCited by 7 opinions

This was an INDICTMENT for failure to work on the public road, tried at the February Term, 1893, of the Superior Court of OhathaM County, before Bryan, J. The jury returned the following special verdict: The defendant was a depot agent at (roldston, Chatham county, in the employ of the Cape Fear & Yadkin Valley Railway Company, and was duly summoned by the overseer of the road in the township to work the same, to which he had been assigned by the Board of Supervisors.

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This was an INDICTMENT for failure to work on the public road, tried at the February Term, 1893, of the Superior Court of OhathaM County, before Bryan, J. The jury returned the following special verdict: The defendant was a depot agent at (roldston, Chatham county, in the employ of the Cape Fear & Yadkin Valley Railway Company, and was duly summoned by the overseer of the road in the township to work the same, to which he had been assigned by the Board of Supervisors. Defendant received the summons, but failed to appear and work as required, and refused to pay any amount in lieu thereof,…

1DissentClark, J.

The jury returned the following special verdict: The defendant was a depot agent at Goldston, Chatham County, in the employ of the Cape Fear and Yadkin Valley Railway Company, and was duly summoned by the overseer of the road in the township to work the same, to which he had been assigned by the board of supervisors. Defendant received the summons, but failed to appear and work as required, and refused to pay any amount in lieu thereof, claiming that he was an employee of said company and in its actual service, and was exempt by its charter from working the public road. Thereupon the court…

2Cases cited8 opinions

  1. Hoke v. . HendersonSupreme Court of North Carolina · 1833
  2. State v. . MooreSupreme Court of North Carolina · 1889
  3. Bagg v. Wilmington, Columbia & Augusta RailroadSupreme Court of North Carolina · 1891
  4. State v. . MossSupreme Court of North Carolina · 1854
  5. Hughes v. Commissioners of Craven CountySupreme Court of North Carolina · 1890

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3Cited by7 opinions

  1. State v. . KellySupreme Court of North Carolina · 1923
  2. Clark's Greenville, Inc. v. WestSupreme Court of North Carolina · 1966
  3. Thurston County v. Tenino Stone Quarries, Inc.Washington Supreme Court · 1906
  4. State v. KnightSupreme Court of North Carolina · 1967
  5. State v. . GettysSupreme Court of North Carolina · 1921

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