Davenport v. Commissioners of Pitt County
Supreme Court of North Carolina
. Appeal by plaintiff from 0. II. Allen, J., at March Term, 1913, of Pitt. Civil action seeking an injunction. The court found the following facts: 1. That the resolution in controversy was passed by the board of commissioners on 14 November, 1912, it being an adjourned meeting from the regular meeting which was held on Monday, 4 November, 1912. 2. That on the first Monday in December, 1912, there was a motion by plaintiffs to rescind the action of the commís- . sioners in…
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. Appeal by plaintiff from 0. II. Allen, J., at March Term, 1913, of Pitt. Civil action seeking an injunction. The court found the following facts: 1. That the resolution in controversy was passed by the board of commissioners on 14 November, 1912, it being an adjourned meeting from the regular meeting which was held on Monday, 4 November, 1912. 2. That on the first Monday in December, 1912, there was a motion by plaintiffs to rescind the action of the commís- . sioners in passing the resolution in controversy, and on said motion being made all action on said resolution was deferred. 3. That…
1Opinion of the CourtBeowN, J.
The object of this action is to enjoin tbe defendant from constructing a public bridge in lieu of a public ferry which, has been operated for many years across Tar River at Boyds Ferry, wholly within the county of Pitt.
We have examined the affidavits printed in the record, and can find no evidence of fraud or corruption, or of a gross abuse of discretion, and we fully concur in the finding of his Honor that the defendants have acted in good faith and within the discretion vested in them by law in regard to the wisdom and feasibility of erecting the bridge.
While the findings of fact of the…
2Cases cited3 opinions
- Brodnax v. GroomSupreme Court of North Carolina · 1870
- Glenn v. Commissioners.Supreme Court of North Carolina · 1905
- Hogan v. . KirklandSupreme Court of North Carolina · 1870
3Cited by3 opinions
- Plott v. . Comrs.Supreme Court of North Carolina · 1924
- Board of Supervisors Public Roads v. Board of CommissionersSupreme Court of North Carolina · 1915
- Plott v. Board of CommissionersSupreme Court of North Carolina · 1924