Waynesville v. Satterthwait
Supreme Court of North Carolina
ActioN by the town of Waynesville and others against S. O. Satterthwait and others, heard by Judge G. 8. Ferguson, at chambers, in Waynesville, N. C., August 2, 1904. Appeal by plaintiffs from an .order of Ferguson, Judge, dissolving a restraining order and refusing an injunction to the hearing. The plaintiff, the town of Waynesville, is situated in Waynesville township, Haywood County. The court-house is located in said town.
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ActioN by the town of Waynesville and others against S. O. Satterthwait and others, heard by Judge G. 8. Ferguson, at chambers, in Waynesville, N. C., August 2, 1904. Appeal by plaintiffs from an .order of Ferguson, Judge, dissolving a restraining order and refusing an injunction to the hearing. The plaintiff, the town of Waynesville, is situated in Waynesville township, Haywood County. The court-house is located in said town. By the provisions of sec. 16, chap. 127, Private Laws of 1885, being the amended charter of said town, the board of aldermen are empowered to lay off, widen and…
1Opinion of the CourtConnor, J.
His Honor, Judge Ferguson, in the judgment rendered by him finds that by the charter of the town of Waynesville the board of aldermen are “entrusted with the right and.power of altering and improving the streets of said town and of laying out and establishing new streets. * * * And the exercise of this power is solely in the board of aldermen, and the town solely liable for damages resulting from its exercise, except as the same shall be modified by the act of the Legislature, Acts 1903, ch. 375.” He says: “I am of the opinion that the Legislature had the power to grant to the .defendants,…
2Cases cited9 opinions
- State v. JonesTexas Supreme Court · 1857
- Brown v. County CommissionersSupreme Court of Pennsylvania · 1853
- Hughes v. Clark.Supreme Court of North Carolina · 1904
- Town of Ottawa v. WalkerIllinois Supreme Court · 1859
- State ex rel. Harrison v. FrazierSupreme Court of Missouri · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Michaux v. . Rocky MountSupreme Court of North Carolina · 1927
- Lee v. Town of WaynesvilleSupreme Court of North Carolina · 1922
- Parsons v. . WrightSupreme Court of North Carolina · 1943
- Counts v. MedleyMissouri Court of Appeals · 1912
- Fayette County Board of Education v. TompkinsCourt of Appeals of Kentucky (pre-1976) · 1926
7 more not listed; retrieve them via the Exa API.