Cornelius v. . Glen
Supreme Court of North Carolina
This was an action of debt for a penalty, brought up by an appeal from the judgment of a justice of the peace, and tried before Bailey, J., at the Spring Term, 1859, of Yadkin Superior Court. The penalty declared for is given by the act of Assembly, passed at the session of 1858, entitled an act, to open the Peedee and Yadkin rivers for the passage of fish.
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This was an action of debt for a penalty, brought up by an appeal from the judgment of a justice of the peace, and tried before Bailey, J., at the Spring Term, 1859, of Yadkin Superior Court. The penalty declared for is given by the act of Assembly, passed at the session of 1858, entitled an act, to open the Peedee and Yadkin rivers for the passage of fish. It was agreed by the parties, that the defendant resides in the county of Yadkin, and owns a mill on the Yadkin river ; that eight or ten years ago he built a dam entirely across the said stream, at his mill, for the purpose of raising the…
1Opinion of the Court
Pearson, O. J.
This case .is governed by the decision State v. Glen, ante 321. According to the principle laid down in that case, there is error in the j udgment rendered in the Superior Court. *
It is set out in the statement of the case, “ that in 1794, a grant from the State issued to one Joseph Phillips and his heirs, bounded as follows: beginning at a white-oak below Glen’s ford, runs north up the Yadkin river 50 chains, west crossing the river 10 chains, south down the river 50 chains, and then east, to the beginning; that the white oak tree, mentioned as a corner, is still standing; that…
2Cited by6 opinions
- Phillips v. Postal Telegraph Cable Co.Supreme Court of North Carolina · 1902
- Dunlap v. Carolina Power & Light Co.Supreme Court of North Carolina · 1938
- Phillips v. . Telegraph Co.Supreme Court of North Carolina · 1902
- State v. NewSupreme Court of North Carolina · 1902
- State v. NewSupreme Court of North Carolina · 1902
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