Legal Opinion

Board of Commissioners v. Thorn

Supreme Court of North Carolina

Decided September 5, 1895PublishedCited by 1 opinion

This is an action brought by the commissioners of Chatham county against the commissioners appointed under chapter 303, Acts of 1895, to restrain them from proceeding further in their survey, and heard before Greene, “The plaintiffs, complaining, allege: “1. That, on the 13th day of March, 1895, the General Assembly of North Carolina enacted the following Act, viz.: ‘An Act to locate county line between Alamance and Chatham counties.’ “ ‘ The General Asembly of North…

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This is an action brought by the commissioners of Chatham county against the commissioners appointed under chapter 303, Acts of 1895, to restrain them from proceeding further in their survey, and heard before Greene, “The plaintiffs, complaining, allege: “1. That, on the 13th day of March, 1895, the General Assembly of North Carolina enacted the following Act, viz.: ‘An Act to locate county line between Alamance and Chatham counties.’ “ ‘ The General Asembly of North Carolina do enact'. “ ‘Section 1. That John M. Coble of Alamance county, and Alson Lineberry, of Chatham county, be and are…

1Opinion of the Court

Faircloth, C. J.:

The Act of 1895, Oh. 303, appointed the defendants “to locate the county line between Ala-mance . and Chatham counties according to the original survey of 1770 establishing the county of Chatham,” and provided for the expenses in certain contingencies. Whilst the defendants were engaged in their duties they were restrained from proceeding further on the allegation that they were not locating the line correctly and according to the direction in the said Acts of Assembly. Upon the final hearing the Judge below vacated the restraining order and refused to grant an injunction and…

2Cited by1 opinion

  1. Southern Oregon Co. v. QuineOregon Supreme Court · 1914

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