North Carolina Railroad v. Commissioners of Alamance
Supreme Court of North Carolina
Civil ActioN tried at Fall Term, 1876, of AlamaNce Superior Court, before Kerr, J. The facts iri this case are substantially the same as stated in JR. $ JD. ft. JR. Co. v. Com’rs of Alamance, 76 N. C. 212 ; the plaintiffs demanding that certain taxes, illegally paid, be refunded, and the defendants refusing to comply therewith. The judgment given by His Honor in the Court below was in favor of the plaintiffs and the defendants appealed.
1Opinion of the CourtBynum, J.
It has been decided by this Court, .that the real estate held by the North Carolina Railroad Company for right of way, station places and workshop location, is exempt from taxation until the dividends of profits of the Company shall exceed six per cent, per annum. And it has also been decided, that the dividends of profits have not yet exceeded that amount. R. & D. R. R. Co. v. Commissioners of Orange, 74 N. C. 506; R. & D. R. R. Co. v. Brogden, Ibid, 707.
It has also been decided that the exemption from taxation under the Act of 1854-’55, § 5, for completing the North Carolina Railroad,…
2Cases cited5 opinions
- Erskine v. Van ArsdaleSupreme Court of the United States · 1872
- Briggs v. Inhabitants of LewistonSupreme Judicial Court of Maine · 1849
- R. D. R. R. Co. v. . Comm'r of AlamanceSupreme Court of North Carolina · 1877
- Richmond & Danville Railroad v. Board of CommissionersSupreme Court of North Carolina · 1876
- Sudderth v. . BrittainSupreme Court of North Carolina · 1877
3Cited by8 opinions
- Belo v. Commissioners of Forsyth CountySupreme Court of North Carolina · 1880
- Lord & Polk Chemical Co. v. Board of AgricultureSupreme Court of North Carolina · 1892
- North Carolina Railroad v. Commissioners of AlamanceSupreme Court of North Carolina · 1880
- Williamson v. MimmsSupreme Court of Arkansas · 1887
- Bowie v. Town of West JeffersonSupreme Court of North Carolina · 1950
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