Legal Opinion

Durham v. Rigsbee.

Supreme Court of North Carolina

Decided April 17, 1906PublishedCited by 33 opinions

ActioN by City of Durham against R. II. Rigsbee and others, heard by Judge G. 8. Ferguson and a jury, at the January Term, 1906, of the Superior Court of DubhaM. This was a proceeding under sections 1943 et seq. of The Code, now sections 2580-2588 of the Revisal, for the purpose of condemning land to widen a street. The defendants demurred to the petition. The demurrer was sustained by the clerk and an amended petition filed.

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ActioN by City of Durham against R. II. Rigsbee and others, heard by Judge G. 8. Ferguson and a jury, at the January Term, 1906, of the Superior Court of DubhaM. This was a proceeding under sections 1943 et seq. of The Code, now sections 2580-2588 of the Revisal, for the purpose of condemning land to widen a street. The defendants demurred to the petition. The demurrer was sustained by the clerk and an amended petition filed. The defendants demurred to the petition as amended. The demurrer was overruled and the clerk required the defendants ' to answer. Upon the filing of the answer," the…

1Opinion of the Court

Brown, J.,

after stating tbe facts: 1. We agree with the clerk and His Honor that the demurrer to the amended petition should be overruled, andr further, that the answer sets up no valid defense to a condemnation of the land by the petitioner for the purpose of widening Church street. It seems to be conceded, although not so stated in the record, that the method of procedure for condemning land prescribed for railroad companies by the Revisal is the method authorized by the petitioner’s charter for condemning land for municipal purposes. That being so, a necessary allegation of the petition is…

2Cases cited8 opinions

  1. People v. . Adirondack Railway Co.New York Court of Appeals · 1899
  2. People Ex Rel. Herrick v. SmithNew York Court of Appeals · 1860
  3. State v. JonesSupreme Court of North Carolina · 1905
  4. Chowan & Southern Railroad v. ParkerSupreme Court of North Carolina · 1890
  5. Ledbetter v. . PinnerSupreme Court of North Carolina · 1897

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3Cited by33 opinions

  1. City of Charlotte v. McNeelySupreme Court of North Carolina · 1972
  2. Jeffress v. Town of GreenvilleSupreme Court of North Carolina · 1911
  3. Abernathy v. . R. R.Supreme Court of North Carolina · 1908
  4. Kaperonis v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1963
  5. Rouse v. City of KinstonSupreme Court of North Carolina · 1924

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