State v. White Oak River Corp.
Supreme Court of North Carolina
Indictment under the Act of 1887, chapter 72, § 1, for felling timber into White Oak river and allowing it to remain more than five days, tried at Spring Term, 1892, of Onslow Superior Court, before Winston, J. The jury found a special verdict, as follows: “ That defendant did fell trees, and within two years prior to the finding of the indictment, in White Oak river in Onslow County, between Barker’s bridge and the head of said river, which trees they carried down the river…
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Indictment under the Act of 1887, chapter 72, § 1, for felling timber into White Oak river and allowing it to remain more than five days, tried at Spring Term, 1892, of Onslow Superior Court, before Winston, J. The jury found a special verdict, as follows: “ That defendant did fell trees, and within two years prior to the finding of the indictment, in White Oak river in Onslow County, between Barker’s bridge and the head of said river, which trees they carried down the river in rafts to their mill to be sawed into timber. This felling was not wilfully done, but in the interest of their mill,…
1Opinion of the Court
Avery, J.:
The statute (Laws of 1887, chapter 72, § 1) provides “ that it shall be unlawful for any person to fell any timber, brush or other obstruction in the White Oak river, from Barker’s bridge to the head of White Oak river, in the counties of Onslow and Jones, and allow the same to remain in said river for five days.” The charge in the indictment is that the defendant “ on the first day of January, 1890, in Onslow County, unlawfully and wilfully did fell timber and logs in the White Oak river, etc., and did allow the same to remain in said river for five days,” etc. The jury find, as a…
2Cases cited13 opinions
- Pollard's Lessee v. HAGANSupreme Court of the United States · 1845
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
- State v. . KingSupreme Court of North Carolina · 1882
- Thunder Bay River Booming Co. v. SpeechlyMichigan Supreme Court · 1875
- Mitchell v. . BrownSupreme Court of North Carolina · 1883
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Commissioners of Burke County v. Catawba Lumber Co.Supreme Court of North Carolina · 1895
- State v. Bradley.Supreme Court of North Carolina · 1903
- State v. . FinlaysonSupreme Court of North Carolina · 1893
- Warren v. Coharie Lumber Co.Supreme Court of North Carolina · 1910
- State v. FinlaysonSupreme Court of North Carolina · 1893
2 more not listed; retrieve them via the Exa API.