Long v. Town of Rockingham
Supreme Court of North Carolina
Appeal from Harding, J., at March Term, 1923, of Eici-imoND. Civil action. In this canse a complaint was filed, and an answer, an amended complaint, and an answer thereto, and a reply. Tbe plaintiff, Betsy Long, brought this action against the defendant, the town of Rockingham, to recover possession of about 10 15-16 acres of land near the town of Rockingham, which she claimed was illegally taken by the town of Rockingham and used as a cemetery, and for damages.
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Appeal from Harding, J., at March Term, 1923, of Eici-imoND. Civil action. In this canse a complaint was filed, and an answer, an amended complaint, and an answer thereto, and a reply. Tbe plaintiff, Betsy Long, brought this action against the defendant, the town of Rockingham, to recover possession of about 10 15-16 acres of land near the town of Rockingham, which she claimed was illegally taken by the town of Rockingham and used as a cemetery, and for damages. The defendant, town of Rockingham, admits it took possession of the land, but contends that it did so legally, under power and…
1Opinion of the CourtClarkson, J.
The first issue submitted to the jury raises the question of law — the validity of the condemnation proceeding and constitutionality of the statutes.
In Coble v. Comrs, 184 N. C., 348, this Court said: “We should apply the principle that every presumption is to be indulged in favor of the validity of the statute, that the General Assembly is presumed to have acted with an honest purpose to observe the restrictions and limitations imposed by law, and that legislation will be sustained unless its invalidity is 'clear, complete and unmistakable/ or unless the nullity of the act is beyond a…
2Cases cited29 opinions
- Person v. DoughtonSupreme Court of North Carolina · 1923
- Doyle v. . Brown, GuardianSupreme Court of North Carolina · 1875
- Johnston v. . RankinSupreme Court of North Carolina · 1874
- Kerr v. . SandersSupreme Court of North Carolina · 1898
- Glisson v. . GlissonSupreme Court of North Carolina · 1910
24 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- City of Charlotte v. HeathSupreme Court of North Carolina · 1946
- Guthrie v. RaySupreme Court of North Carolina · 1977
- Harrington v. RiceSupreme Court of North Carolina · 1957
- Dunn v. . WilsonSupreme Court of North Carolina · 1936
- Downing v. . WhiteSupreme Court of North Carolina · 1936
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