Legal Opinion

State v. . Eason

Supreme Court of North Carolina

Decided February 5, 1894PublishedCited by 17 opinions

This was a CRIMINAL action, instituted before the Mayor of the town of Washington and tried on appeal in the Superior Court of Beaufort County, before Graves.

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This was a CRIMINAL action, instituted before the Mayor of the town of Washington and tried on appeal in the Superior Court of Beaufort County, before Graves. J. The original affidavit and warrant were as follows: “On the 21st of September, 1893, before me, E. M. Short, Mayor of Washington, N. C., personally appeared J. R. Crist, who, being duly sworn, complains on oath and says that Charles Eason did on the 20th of September, 1893, in violation of the town ordinance No. 11, in force in. said town, contrary to the statute in such case made and provided and against the peace and dignity of the…

1Opinion of the Court

Avicky, J.:

Our numerous long streams and large inland sounds come so clearly within the reason of the rule adopted on account of the different conditions in England, exclusively to waters subject to the ebb and flow of the tides, that it became necessary to establish here a new test of navigability in determining what submerged land should be reserved as the property of the State and what should be liable to appropriation by private persons by specific entry and grant or should pass as incident to patents issued to riparian proprietors. The criterion in North Carolina is whether the stream,…

2Cases cited10 opinions

  1. Thomas v. City of RichmondSupreme Court of the United States · 1871
  2. Bond v. . WoolSupreme Court of North Carolina · 1890
  3. City of Coldwater v. TuckerMichigan Supreme Court · 1877
  4. Broadnax v. . BakerSupreme Court of North Carolina · 1886
  5. Cheang-Kee v. United StatesSupreme Court of the United States · 1866

5 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Koontz v. City of Winston-SalemSupreme Court of North Carolina · 1972
  2. Stewart v. . TurneyNew York Court of Appeals · 1923
  3. Gwathmey v. STATE THROUGH DEPT. OF ENVIR.Supreme Court of North Carolina · 1995
  4. Greene v. City of Winston-SalemSupreme Court of North Carolina · 1975
  5. State v. FurioSupreme Court of North Carolina · 1966

12 more not listed; retrieve them via the Exa API.

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