University R.R. Co. v. . W. W. Holden
Supreme Court of North Carolina
MaNdamus, tried before Watts, J., at Spring Term 1869, of the Superior Court of Wake. The petition, filed at the same Term, in the name of “ The University Rail Road Company,” set forth that the petitioner was a corporation created by An Act ratified January 30,1869, as amended by another Act ratified April 1st, 1869, for the purpose of constructing a rail road between Chapel Hill and a certain point on the line of the North Carolina Rail Road.
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MaNdamus, tried before Watts, J., at Spring Term 1869, of the Superior Court of Wake. The petition, filed at the same Term, in the name of “ The University Rail Road Company,” set forth that the petitioner was a corporation created by An Act ratified January 30,1869, as amended by another Act ratified April 1st, 1869, for the purpose of constructing a rail road between Chapel Hill and a certain point on the line of the North Carolina Rail Road. And, amongst other things, it alleged that the acts above, provided that it should be the duty of the Governor and the Treasurer of the State to…
1Opinion of the Court
By RODMAN and DICK, JJ., Conceding that an inchoate corporation is created by the acts in question, the "Directors" required for its consummation have not as yet been duly appointed, inasmuch as to such appointment the State Constitution renders a confirmation by the Senate, indispensable.
ARGUENDO:
By the Court, 1. Galloway v. Jenkins, ante 147, cited and approved.
2. The proportions and limitations (ubi supra) do not apply to taxes laid for the purpose of paying either the interest or the principal of the public debt, as it existed at the adoption of the Constitution, or for special county…
Also in this document: Per curiam.
2Cited by24 opinions
- Jones v. Commissioners of Person CountySupreme Court of North Carolina · 1890
- Southern Railway Co. v. Board of CommissionersSupreme Court of North Carolina · 1908
- Williams v. Commissioners of Craven CountySupreme Court of North Carolina · 1896
- Harris v. Board of CommissionersSupreme Court of North Carolina · 1968
- State Ex Rel. County Board of Education v. Commissioners of Currituck CountySupreme Court of North Carolina · 1890
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