McGee v. David
Supreme Court of North Carolina
This was a civil ACTION to recover alleged damages for ponding water back on plaintiffs' land by the erection of a mill-dam, tried before Clark, J., at January Term, 1889, of the Superior Court of Alexander County.
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This was a civil ACTION to recover alleged damages for ponding water back on plaintiffs' land by the erection of a mill-dam, tried before Clark, J., at January Term, 1889, of the Superior Court of Alexander County. The plaintiffs allege, in substance,'that the defendants have a mill-dam on Middle Little River on their own land, below the lands of the plaintiffs, and caused the water to pond back upon and sob valuable bottom land belonging to them, thereby destroying its value, for which they demand damages. The defendants answering, admit the erection of the mill-dam and that a small portion…
1Opinion of the CourtDavis, J.
after stating the facts: The appeal was taken Saturday, February 2d, the last day of the term. The plaintiffs’ case on appeal was served Friday, February 8th, following. Counsel for appellees, moved to dismiss the appeal upon the grounds—
“ 1. That the case on appeal was not served upon appellees within the time provided by law, more than five days having elapsed from the termination of the Court at which the cause was tried before any case was served.
“2. For that appellants’ appeal bond is defective, in that the justification of the sureties is not for double the amount of the bond given.”
As…
2Cases cited3 opinions
- Walker v. . ScottSupreme Court of North Carolina · 1889
- Hester v. . BroachSupreme Court of North Carolina · 1881
- Jones v. SlaughterSupreme Court of North Carolina · 1887