Muddy Creek Drainage Commission v. Epley
Supreme Court of North Carolina
1Opinion of the CourtVarser, J.
Plaintiff’s right to collect, by suit, tbe assessments made against tbe land in Muddy Creek Drainage District, for tbe purpose of settling its outstanding indebtedness, is challenged by tbe demurrer. Plaintiff’s powers and duties are prescribed in chapter 348, Public-Local Laws 1913, as amended by chapter 107, Public-Local Laws 1923. Its additional powers are those tbat arise by necessary implication. Tbe assessment is expressly made a lien on tbe lands within tbe drainage district, according to tbe assessment roll. This assessment is in rem, and not in personam, and tbe land in tbe district…
2Cases cited5 opinions
- State v. Georgia Co.Supreme Court of North Carolina · 1893
- Gatling v. . Commissioners of CarteretSupreme Court of North Carolina · 1885
- Long Creek Drainage District v. HuffstetlerSupreme Court of North Carolina · 1917
- Berry v. . DavisSupreme Court of North Carolina · 1912
- City of Wilmington v. MooreSupreme Court of North Carolina · 1915
3Cited by4 opinions
- Wilkinson v. . BoomerSupreme Court of North Carolina · 1940
- Nesbit v. . KaferSupreme Court of North Carolina · 1942
- City of Raleigh v. Mechanics & Farmers BankSupreme Court of North Carolina · 1943
- Robeson County Drainage District No. 4 v. BullardSupreme Court of North Carolina · 1948