Cowles v. . the State
Supreme Court of North Carolina
PetitioN by Calvin J. Cowles, under sections 947 and 948 of The Code, for the recommendatory judgment of the Court. The petition was filed March 31,1894, and is as follows: “ 1. That by an act entitled ‘An act to incorporate the Chatham Railroad Company,’ ratified the 14th day of February, 1855, a charter for the incorporation of a railroad from Raleigh, or some point on the North Carolina Railroad west of Raleigh, to the coal fields of Chatham County, was granted.
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PetitioN by Calvin J. Cowles, under sections 947 and 948 of The Code, for the recommendatory judgment of the Court. The petition was filed March 31,1894, and is as follows: “ 1. That by an act entitled ‘An act to incorporate the Chatham Railroad Company,’ ratified the 14th day of February, 1855, a charter for the incorporation of a railroad from Raleigh, or some point on the North Carolina Railroad west of Raleigh, to the coal fields of Chatham County, was granted. But the said charter expired because sufficient funds were not raised to put it in operation. “2. That a second charter was…
1Opinion of the Court
Bukwell, J.:
The State, through its proper officer, interposes the plea of the statute of limitations against the prayer of the petitioner for the recommendatory decision of this Court on the claim which, in his' petition, he sets up as the basis of this action, and it appears on the face of this petition that more than ten years have elapsed since his alleged cause of action accrued.
It was intended by the provision of the Constitution— Article IV, section 9, and the statute, Code, sections 947 and 948 — that persons who asserted that they held legal claims against the sovereign State should…
2Cases cited2 opinions
- Baxter v. StateWisconsin Supreme Court · 1860
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