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Legal Opinion · Dissent

Town of Benson v. County of Johnston

Supreme Court of North Carolina

Decided April 8, 1936PublishedCited by 29 opinions

1DissentDevin, J.

This is a controversy without action, N.C. Code, 1935 (Michie), sec. 626. The agreed statement of facts is as follows:

"1. The town of Benson, North Carolina, is a municipal corporation, created by an act of the General Assembly of North Carolina, chapter 63, Private Laws of 1915, and is vested with all the rights conferred by its charter and by the statutory law of North Carolina pertaining to municipal corporations. The county of Johnston is a body politic under the statutes of North Carolina.
"2. That the town of Benson duly instituted an action in the Superior Court of Johnston County,…

2Cases cited16 opinions

  1. Fawcett v. Town of Mt. AirySupreme Court of North Carolina · 1903
  2. Southern Assembly v. . PalmerSupreme Court of North Carolina · 1914
  3. Atlantic & N. C. R. R. Co. v. Board of Commissioners of Carteret CountySupreme Court of North Carolina · 1876
  4. City of Eugene v. KeeneyOregon Supreme Court · 1930
  5. Congregation of United Brethren of Salem & Vicinity v. Commissioners of Forsyth CountySupreme Court of North Carolina · 1894

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3Cited by29 opinions

  1. Nash v. . TarboroSupreme Court of North Carolina · 1947
  2. Sir Walter Lodge, No. 411 v. SwainSupreme Court of North Carolina · 1940
  3. Sabine v. . Gill, Comr. of RevenueSupreme Court of North Carolina · 1948
  4. City of Austin v. Sheppard, ComptrollerTexas Supreme Court · 1945
  5. Warrenton v. . Warren CountySupreme Court of North Carolina · 1939

24 more not listed; retrieve them via the Exa API.

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