Asbury v. Town of Albemarle
Supreme Court of North Carolina
Appeal by defendants from 'Goolce, J., at September Term, 1912, of Stamxy: Civil action, brought to restrain defendants from proceeding with the construction of municipal waterworks in the town of Albemarle. Motion to nonsuit was overruled. Certain issues were submitted to a jury, and under the instructions of the court found for plaintiff.
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Appeal by defendants from 'Goolce, J., at September Term, 1912, of Stamxy: Civil action, brought to restrain defendants from proceeding with the construction of municipal waterworks in the town of Albemarle. Motion to nonsuit was overruled. Certain issues were submitted to a jury, and under the instructions of the court found for plaintiff. The court rendered judgment that the defendant commissioners “be, and each of them, peremptorily commanded and directed to proceed forthwith to acquire the waterworks system or plant of the plaintiffs described in the complaint in the .manner provided by…
1Opinion of the CourtBrown, J.
Chapter 86, Public Laws 1911, among other things, provides that “whenever any incorporated town or city, which under this or by special act has been or may be authorized, from the sale of bonds, or otherwise, to build, operate, and maintain a public waterworks ; . .. there shall have been constructed in said town or city by any private or quasi- public corporation . . . waterworks . . . then in active operation and serving the public, which construction or operation was authorized by said town or city . . . then before constructing any proposed system of waterworks . . . heretofore or…
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3Cited by44 opinions
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- Hayes v. . Elon CollegeSupreme Court of North Carolina · 1944
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- Holmes v. City of FayettevilleSupreme Court of North Carolina · 1929
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