Richmond & Danville R. R. v. Brogden
Supreme Court of North Carolina
Civil ActioN, for an Injmotion, beard before Watts-, J., at June Term, 1875, of Wake Superior Court. The allegations of tbe complaint are substantially as-fol lows: Tbe plaintiff is a corporation, existing under tbe laws of tbe State of Yirginia, owning and controlling railroad lines in that' State, and in North Carolina.
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Civil ActioN, for an Injmotion, beard before Watts-, J., at June Term, 1875, of Wake Superior Court. The allegations of tbe complaint are substantially as-fol lows: Tbe plaintiff is a corporation, existing under tbe laws of tbe State of Yirginia, owning and controlling railroad lines in that' State, and in North Carolina. Tbe North Carolina Railroad Company, by virtue of authority conferred by its charter, leased its property and franchises to tbe plaintiff for thirty years, and under tbe provisions of said lease, it is tbe duty of the plaintiff to pay all taxes accrued on tbe North Carolina…
1Opinion of the Court
Settle J.
It is decided in the Wilmington, Columbia & Augusta Railroad Company v. The Board of Commissioners of Brunswick country, 74 N. C. Rep. 10, and in the Richmond & Danville Railroad Company v. The Board of Commissioners of Orange county, at this term, that the General Assembly has no right to confer on the Governor, Treasurer and Auditor the power to value the tangible real and personal property of a Kailroad Company, for that such power is by the Constitution vested in the township trustees alone, and cannot be taken from them. In view of the decisions, the learned counsel of the…
2Cases cited2 opinions
- Wilmington Railroad v. Reid, SheriffSupreme Court of the United States · 1872
- Gwathney, Dey Co. v. . CasonSupreme Court of North Carolina · 1876
3Cited by6 opinions
- Gulf & Ship Island Railroad v. HewesSupreme Court of the United States · 1901
- Smith v. BohlerSupreme Court of Georgia · 1884
- Belo v. Commissioners of Forsyth CountySupreme Court of North Carolina · 1880
- North Carolina Railroad v. Commissioners of AlamanceSupreme Court of North Carolina · 1880
- Atlantic, Tennessee & Ohio Railroad v. Commissioners of MecklenburgSupreme Court of North Carolina · 1882
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