Newby & White v. Drainage District
Supreme Court of North Carolina
.Appeal by defendant from Whedbee, J., at Spring Term, 1913,' Of PERQUIMANS. In 1909 sundry landowners in Chowan and Perquimans counties filed before the Clerk of the Superior Court of Chowan County a petition for the establishment of a drainage district under chapter 442 of the Public Laws of 1909. J, P. and L. A. Goodwin were signers of this petition.
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.Appeal by defendant from Whedbee, J., at Spring Term, 1913,' Of PERQUIMANS. In 1909 sundry landowners in Chowan and Perquimans counties filed before the Clerk of the Superior Court of Chowan County a petition for the establishment of a drainage district under chapter 442 of the Public Laws of 1909. J, P. and L. A. Goodwin were signers of this petition. Proceedings were had conformable to the provisions of the Drainage A.ct, and a preliminary report of the board of viewers was considered on 11 September, 1909, and. the decree entered establishing the district, to be known as Bear Swamp…
1Opinion of the Court
BbowN, J.,
after stating the case: IJpon the foregoing facts we are of opinion that this action was improvidently brought, and should be dismissed. There is no contention that the Drainage Act o£ 1909 is obnoxious to either the State or the Federal Constitution. This question was settled by our decision in Sanderlin v. Luken, 152 N. C., 138. But conceding, the validity of the law, plaintiffs maintain that there has been no compliance with its provisions, and that the board of drainage commissioners were' trespassers up>on their lands. If, by this charge, plaintiffs mean to challenge the…
2Cases cited13 opinions
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- Parker v. Harris County Drainage Dist. No. 2Court of Appeals of Texas · 1912
- People v. La RueCalifornia Supreme Court · 1885
- Oliver v. Monona CountySupreme Court of Iowa · 1902
- Wabash Eastern Railway Co. v. Commissioners of East Lake Fork Special Drainage DistrictIllinois Supreme Court · 1890
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Board of Drainage Com'rs of Pender County Drainage Dist. No. 4 v. Lafayette Southside Bank of St. LouisCourt of Appeals for the Fourth Circuit · 1928
- Banks v. . LaneSupreme Court of North Carolina · 1915
- Banks v. LaneSupreme Court of North Carolina · 1916
- Sanderlin v. . LukenSupreme Court of North Carolina · 1910
- Leary v. Board of Drainage CommissionersSupreme Court of North Carolina · 1916
14 more not listed; retrieve them via the Exa API.