Wilmington, Onslow & East Carolina Railroad v. Commissioners of Onslow County
Supreme Court of North Carolina
Civil aotioN, commenced by plaintiff on the 7th March, 1893, in the County of ONSLOW, and removed therefrom on notice of the plaintiff to the County of Lenoir for trial, and tried before Boyhin, J., and a jury, at November Term, 1894, of LeNOir Superior Court. The object of the action and the contentions of the parties are set out in the opinion of Associate Justice Eurohes.
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Civil aotioN, commenced by plaintiff on the 7th March, 1893, in the County of ONSLOW, and removed therefrom on notice of the plaintiff to the County of Lenoir for trial, and tried before Boyhin, J., and a jury, at November Term, 1894, of LeNOir Superior Court. The object of the action and the contentions of the parties are set out in the opinion of Associate Justice Eurohes. On the trial the plaintiff submitted to a non-suit in deference to the opinion of Ilis Honor that, on the evidence, the plaintiff could not recover, and appealed.
1Opinion of the Court
Furoelbs, J.:
This action is for a mandamus to compel defendant to issue to plaintiff $30,000 in coupon bonds, under an Act of the Legislature of 1885, Ch. 223, as amended by the Act of 1887, Ch. 89, in which plaintiff contends that defendant submitted the question under said Acts to the qualified voters of Onslow County, and that a majority of the qualified voters of said County voted in favor of “subscription,” thereby authorizing and making it the duty of defendant to issue said bonds to plaintiff. This demand is resisted upon the ground that plaintiff has no right to said bonds, and that…
2Cases cited7 opinions
- People v. CookNew York Supreme Court · 1852
- Southerland v. Board of Aldermen of GoldsboroSupreme Court of North Carolina · 1887
- Coles County v. AllisonIllinois Supreme Court · 1860
- Grady v. . Commissioners of LenoirSupreme Court of North Carolina · 1876
- Claybrook v. CommissionersSupreme Court of North Carolina · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State Ex Rel. Quinn v. LattimoreSupreme Court of North Carolina · 1897
- Cox v. Commissioners of Pitt CountySupreme Court of North Carolina · 1908
- Claybrook v. Board of CommissionersSupreme Court of North Carolina · 1895
- Board of Com'rs of Onslow County v. TollmanCourt of Appeals for the Fourth Circuit · 1906
- McNeely v. Commissioners of MorgantonSupreme Court of North Carolina · 1899
3 more not listed; retrieve them via the Exa API.