State v. Western North Carolina Railroad
Supreme Court of North Carolina
This was a CRIMINAL actiox, tried at the October Term, 1885, of the Inferior Court of Buxcojibk County. From the judgment upon a verdict of guilty, the defendant appealed to the Superior Court, whence the judgment in the Inferior Court being affirmed, he appealed to the Supreme Court. The defendant was charged with obstructing a public road and common highway leading from the city of Asheville in Buncombe County towards and into Arden in said county.
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This was a CRIMINAL actiox, tried at the October Term, 1885, of the Inferior Court of Buxcojibk County. From the judgment upon a verdict of guilty, the defendant appealed to the Superior Court, whence the judgment in the Inferior Court being affirmed, he appealed to the Supreme Court. The defendant was charged with obstructing a public road and common highway leading from the city of Asheville in Buncombe County towards and into Arden in said county. The State proved, -with a view to show that the defendant had been duly organized as a corporation under the Act of 1880, as charged in the…
1Opinion of the Court
Merrimon, J.,
(after stating the facts). The grounds of defence insisted upon are technical and unfounded. The defendant is indicted for obstructing “ a certain public road and common highway.” Having pleaded not guilty, its counsel insisted on the trial that the State had not proven that it was a corporation. This was unnecessary, because by its plea of not guilty it admitted its corporate existence and identity by the name specified in the indictment. " But if this were not so, there was abundant evidence of its corporate existence. The charter authorizing such a company was put in evidence,…
2Cases cited1 opinion
- State v. . McDowellSupreme Court of North Carolina · 1881
3Cited by4 opinions
- State v. . TurnerSupreme Court of North Carolina · 1896
- State v. . GrantSupreme Court of North Carolina · 1889
- Town of Mason v. Railroad Co.West Virginia Supreme Court · 1902
- State v. Glucose Sugar Refining Co.Supreme Court of Iowa · 1902