The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-09-14
Supreme Court Decisions.
(Reported by Jos. L. Seawell.)

1 Section $50 of Code.
| Defendant in an action by an admins
| tratrix to recover for improvements put
| upon defendants land by intestate under
! rarol promise to convey, is not permitted
| to testify as to the parol agreement when
| the Administrative has not testified and
| has not offered the evidence of her in
| tcState.
RUMBo v. GAY MANUFACTURING co.
| Error.
| Practice-Inyalid CIam-Dismissai of
| Action
! Where in an action to determine CO..
| ficting claims to real roperty plaintiff
| being in possession, the court found that
| the defendants claim was invalid judg-
| ment should have been so entered and. it
was error, in such case, to dismiss the
| action.
MAKLEY V. BOOTHE. No error.
| Oysters-Venue.
| Oysters become personal property when
removed from their bed and in an action
for damages for the wrongful conversion
OF oysters taken from the plaintiffs oys-
ter bed. defendants prayer. under Section
100 % of The Code, for a change OF
venue to the county where the oysters
|
| MIDGETT V. MIDGETT. Error.
| ssioning-Dividing Line-Evi-
| dence.
Chapter %, Acts 1898, providing for es-
! tablishing lines between adjacent owners
| is substitute for the provisioning Act
| Chapter As, Vol. of The Code), and the
remedy provided by the Act of 1895 cam
| not be invoked where the controversy is
as TO title and not as to a dividing line.
| In such case it is competent for the
| petitioner to offer a grant from the State
! for the purpose of showing his title, but
| title being out of the State when the
grant was issued, it was error not to so
| instruct the jury.
| STATE V. CARTER EFT AL. No error
Police Neutrality-suspicious. Taxation.
It is within legislative power to enact
| different police regulations for different
localities according to supposed wishes or
| needs of the inhabitants thereof
| A tax is uniform when it is equal upon
| all persons in the same class, and a
| license tax upon the business of buying
| and selling fresh meats in cities and
| towns, according to their population, is
! not contrary to Article V, Section 3 of
the Constitution, requiring that taxation
| shall be uniform and ad valorem.
SHIELDS EFT AL V. NORFOLK g. CARO-
LIMA RAILROAD co. Affirmed.
/ Right of way-Company Title-Fire
from observation-disclosures
a railroad company, by condemnation
proceedings acquires only an easement
| in the land condemned for its right-of
i way, with right to actual possession of
! only so much thereof as is necessary for
the operation of it's road and it's prOtec-
y ton against contingent damages.
/ 1t is negligence in a railroad company
| to elbow dry grass, and other combustible
| matter to accumulate and remain upon
its right way, aud where such. mat
1 ter is ignited by a spark from the COM
| pany's engine rapd the fire destroys q
| house upon the right of way, the house
| having been lett upon the right ofway
| when the land was condemned and having
| been since used by the owner of the land,
the company is liable for the destruction
of the house and produce stored therein.
! ROBINSON V. LAMB, Error
! Public Ferries-Repcaling Act, Effect of
Upon Existing License.
An order of county commissioners au-
thorizing the establishment of a public
ferry is not vacated by an appeal from
such order to the Superior Court.
a repeating Act increasing the distance
within which ferries are forbidden to
be established afrom ferry already es-
tablished subject to a proviso that the
owners of the established ferry shall
provide ample facilities for the conven-
fence of public travel" is construed as
not intending the revocation or Limitation
OF any existing license to establish y
| wifi, hn dicta cd md
where said Act is passed pending an APP
peal 10 the Superior court from an order
of the county commissioners, ordering a
ferry to be established within the dis
lance prohibited by the repeating Act
the Act takes effect only from it's passage
subject to compliance with the Drovso
that ample facilities be furnished for
public travel.
| COMMISSIONERS OF CURRITUCK "
COMMISSIONERS OF DARE. No error
Practicc-Motion in the Cause-Judg-
mont.
| Where in an action by Currituck coun-
ty. in 1876. against Dare county to rccovcg
Darc's portion of the bonded debt which
Curr!tuck incurred before Dare was
formed a portion of Currituck judgment
was rendc red in 1877 decreeng Dara's Tor
ton of the debt and that the same should
be set Off by certain taxes to be re-
ceived by Currituek, and that the cause
be kept open for further orders. etc
and proceedings we're thereafter had in
the cause in reference to the subject mat
ter thereof; Held
IL. That proceeding by defendant ir
1900 TO ascertain its part of the bonded
debt of plaintiff, and the amount to wEirt
defendant was entitled as an Offset, was
properly taken by motion in the origina
cause upon notice, for a reference anf
| statement of. account.
~. That plaintiff having failed to ap.
pear upon the hearing of defendants mo
tion, and judgment by default having beer
rendered against plaintiff, and the mat
te~ referred to a referee before whom
both parties appeared the judgment cot.
firming report and decreeing a balanc,
due defendant on account of its cftso
against the bonded debt of plaintiff an,
fer costs of the action was not 4 fna
judgment
TOTAL NET RECEIPTS.
New York, Sept 13.-Thc following arr
| l. sxA