Anderson v. Town of Albemarle
Supreme Court of North Carolina
Appeal by plaintiff from Bryson, J., at September (Special) Term, 1921, of StaNly. Tbe commissioners of Albemarle, under authority of cb. 56, Laws 1915, assessed against tbe iilaintiff for improvements on tbe street in front of bis lot on North Stneet tbe sum of $207.05. He filed exceptions and appealed. In tbe Superior Court tbe court instructed tbe jury if they believed tbe evidence to answer tbe issue $207.05, with interest, and tbe plaintiff appealed to this Court.
1Opinion of the CourtClaeK, C. J.
Tbe plaintiff excepted and assigned as error that tbe court refused to require tbe defendant to open tbe case, and thereby required him to take tbe burden of proof. Since at tbe close of all tbe evidence tbe court directed tbe verdict, it could make little difference upon wbom tbe burden of proof was placed. Tbe assessment bad been made by tbe commissioners under cb. 56, Laws 1915, and it bad been reviewed and approved by them on exceptions filed by tbe plaintiff. Tbe assessment roll is prima facie evidence of a valid assessment, and of tbe regularity and correctness of all prior proceedings.…
2Cases cited2 opinions
- Felmet v. Town of CantonSupreme Court of North Carolina · 1919
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3Cited by13 opinions
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- City of Winston-Salem v. SmithSupreme Court of North Carolina · 1939
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- Broadway v. Town of AsheboroSupreme Court of North Carolina · 1959
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