Legal Opinion

Flat Swamp, Lock's Creek & Evan's Creek Canal Co. v. McAlister

Supreme Court of North Carolina

Decided January 5, 1876PublishedCited by 1 opinion

Civil AotioN, beard before bis Honor Judge Buxton, at Chambers, in Cumberland county, Dec. ’27th, 1875. “The plaintiff is a corporation duly created by an act of the General Assembly entitled “ An act to amend' and re-enact an act to incorporate the Elat Swamp, Lock Creek and Evans Creek Canal Company of Cumberland County.”

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Civil AotioN, beard before bis Honor Judge Buxton, at Chambers, in Cumberland county, Dec. ’27th, 1875. “The plaintiff is a corporation duly created by an act of the General Assembly entitled “ An act to amend' and re-enact an act to incorporate the Elat Swamp, Lock Creek and Evans Creek Canal Company of Cumberland County.” Ratified 13th of Deo. 1871, (Act of 1871-72, chap. 129, p. 171.) The plaintiff on tbe 6tli day of October, 1873, made application in writing to tlie Board of Commissioners of Cumberland county, specifying the charter of a certain canal desired in said petition, which the…

1Opinion of the CourtRodMAN, J.

The defendant contends that the Act of 1871-72, chap. 129, which refers to and incorporates in itself the first eleven sections of the Act of 1869 — 70, chap. 137, (found in Battle’s Revisal, chap. 39), is unconstitutional, because it attempts to give judicial powers to the County Commissioners. The argument, we may suppose, would be this: The Constitution requires that the judicial, executive and legislative powers shall be kept separate. It vests the judicial power in the Supreme and Superior Courts, and in Justices of the Peace. The power to act on a petition from persons wishing to drain…

2Cases cited2 opinions

  1. Rice v. ParkmanMassachusetts Supreme Judicial Court · 1820
  2. Johnston v. . RankinSupreme Court of North Carolina · 1874

3Cited by1 opinion

  1. Gamble v. . McCradySupreme Court of North Carolina · 1876

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