City of Raleigh v. Peace
Supreme Court of North Carolina
Civil action to recover of defendant an amount of money expended by the city for paving one-third of Fayetteville street in front of the lot owned by the defendant on said street, between Morgan and Martin streets, tried before Winston, J., at April Term, 1891, of Wake Superior Court.
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Civil action to recover of defendant an amount of money expended by the city for paving one-third of Fayetteville street in front of the lot owned by the defendant on said street, between Morgan and Martin streets, tried before Winston, J., at April Term, 1891, of Wake Superior Court. The following facts were agreed upon : 1. In the month of June, 1888, after notice to defendant, as provided in section 60, of the charter of said city, and in the ordinance named below', that he was required by an ordinance of the Board of Aldermen to have the street in front of his real property paved, and…
1Opinion of the Court
MERRIMON, C. J. and DAVIS, J., dissenting. The following facts were agreed upon:
1. In June, 1888, after notice to defendant, as provided in section 60 of the charter of said city, and in the ordinance named below, that he was required by an ordinance of the board of aldermen to have the street in front of his real property paved, and after refusal of defendant to have such paving done for more than thirty days after notice, the plaintiff paved 58 1/3 yards on Fayetteville Street, in front of defendant's property, said paving being worth and having cost $1.20 per yard.
2. That defendant was…
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