Legal Opinion

Moore v. . Meroney

Supreme Court of North Carolina

Decided December 23, 1910PublishedCited by 10 opinions

Appeal from Joseph S. Adams, J., at Spring Term, 1910, of Cherokee. The principal purpose of tbe action was to compel tbe individual defendants, Meroney and wife, to remove tbe building from an old road, formerly used as a public bigbway, causing an obstruction to same, etc., and to compel tbe town of Murpby to beep it open.

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Appeal from Joseph S. Adams, J., at Spring Term, 1910, of Cherokee. The principal purpose of tbe action was to compel tbe individual defendants, Meroney and wife, to remove tbe building from an old road, formerly used as a public bigbway, causing an obstruction to same, etc., and to compel tbe town of Murpby to beep it open. Defendants denied tbe obstruction, denied that, tbe road in question was a public way; claimed, further, that plaintiff on the facts in evidence had no right to relief. Issues were submitted and responded to by the jury as follows: 1. Are the plaintiffs the owners of the…

1Opinion of the CourtHoke, J.

In this case there was evidence tending to show that there was formerly an old road through the town of Murphy, N. C., and that it entered the central portion of the town on a slight curve; that some years ago (12 to 18) the town commissioners, whether with or without legislative authority was not shown forth in evidence, altered a portion of this curve and substituted therefor a broad, commodious street, marked on the plat as Valley River Avenue and by which the central portion of the town was reached, this avenue being laid off and extended, the one portion at right angles with the other;…

2Cases cited9 opinions

  1. City of Chicago v. Union Building Ass'nIllinois Supreme Court · 1882
  2. Moose v. . CarsonSupreme Court of North Carolina · 1889
  3. Marietta Chair Co. v. HendersonSupreme Court of Georgia · 1904
  4. Tise v. Whitaker-Harvey Co.Supreme Court of North Carolina · 1907
  5. Pedrick v. RailroadSupreme Court of North Carolina · 1906

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3Cited by10 opinions

  1. City of Asheville v. HerbertSupreme Court of North Carolina · 1925
  2. Draper v. Conner & Walters Co.Supreme Court of North Carolina · 1924
  3. Michaux v. . Rocky MountSupreme Court of North Carolina · 1927
  4. Parsons v. . WrightSupreme Court of North Carolina · 1943
  5. Pedrick v. . R. R.Supreme Court of North Carolina · 1906

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