Galloway v. Jenkins
Supreme Court of North Carolina
INJUNCTION, dissolved by Watts, J., upon motion in the Superior • Court of Wake, at Chambers, on the 4th day of January 1869. The complaint, filed upon the 29th day oí December-1868, purported to be preferred by the plaintiff in his character as a citizen, tax-payer and property-holder of the State, on behalf of all persons of that class, against D. A. Jenkins, as-Treasurer of the State, and The Chatham Rail Road Company. - It alleged that the Company had been chartered by…
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INJUNCTION, dissolved by Watts, J., upon motion in the Superior • Court of Wake, at Chambers, on the 4th day of January 1869. The complaint, filed upon the 29th day oí December-1868, purported to be preferred by the plaintiff in his character as a citizen, tax-payer and property-holder of the State, on behalf of all persons of that class, against D. A. Jenkins, as-Treasurer of the State, and The Chatham Rail Road Company. - It alleged that the Company had been chartered by the Act. of February 15, 1861, and that its charter had subsequently been amended by Ordinances passed January 30, 1862,…
1Opinion of the CourtPeaesON, C. J.
On opening the case, the counsel of the plaintiff proved on principle and by authority, that the jurisdiction against irreparable injury is applicable; under the ■ doctrine, that where there is a right common to many, or an injury that would be common to many, a bill will lie in the name of one, in behalf of himself and others, to have the right established, or the injury prevented; on the ground of *150avoiding multiplicity of suits; and brought this case within-the rule,' by the allegation that the plaintiff was a tax-payer..
The counsel of the defendants admitted the application of this…
2Cited by10 opinions
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- London v. City of WilmingtonSupreme Court of North Carolina · 1878
- Board of Com'rs of Stanly County v. ColerCourt of Appeals for the Fourth Circuit · 1902
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