Marion v. Town of Pilot Mountain
Supreme Court of North Carolina
Appeal by defendants from Justice, J., at chambers in "Winston, April, 1915; from Sueby. By virtue of chapter 337, Laws 1913, Pilot Mountain was authorized to issue bonds.
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Appeal by defendants from Justice, J., at chambers in "Winston, April, 1915; from Sueby. By virtue of chapter 337, Laws 1913, Pilot Mountain was authorized to issue bonds. Section 8 of such act provides' that every owner of a lot fronting or adjoining on a street in the town on which a sidewalk has been established shall improve said sidewalk in such manner as the commissioners of the town may direct, as far as the sidewalk extends along his lot, and on his failure to do so in ten days after notice by the chief of police to the owner of said lot, the commissioners may cause the same to be…
1Opinion of the CourtClark, C. J.
Tbe only question involved is whether under tbe amendment to tbe charter of tbe town, chapiter 337, Pr. Laws 1913, enacted 4 October, 1913, and tbe ordinance passed'in pursuance thereof, tbe board of commissioners were authorized, after having given due notice to tbe plaintiff, to pave bis sidewalk on bis refusal to do so, and to collect- tbe assessment for tbe cost. Tbe plaintiff alleges that tbe amendment to tbe charter is defective in that it did not require tbe commissioners to give him notice. They did, however, give him tbe very fullest and amplest notice.
There is no question of tbe…
Also in this document: Concurrence.
2Cases cited1 opinion
- City of Raleigh v. PeaceSupreme Court of North Carolina · 1892
3Cited by2 opinions
- Vester v. Town of NashvilleSupreme Court of North Carolina · 1925
- Henrietta Mills v. Rutherford CountyCourt of Appeals for the Fourth Circuit · 1929