Town of Henderson v. Davis

Citations

• 11 S.E. 563
• 106 N.C. 88

Syllabus

<p>Jurisdiction — Title to Land — Action for Penalty for Obstructing Street — Election, validity of — Proceeding to Open Street — Notice to Land-owners — Insufficient Evidence.</p> <p>1. The title' to land is not in controversy in a proceeding to recover a penalty prescribed by a town charter for obstructing a street.</p> <p>3. The charter of a town provided that an election on the question of accepting the charter should be held after ten days’ notice. The minutes of the Commissioners showed that an election was held in accordance with the provisions of the charter, the number of votes cast, and the affirmative majority: Held, thát the required notice was sufficiently implied.</p> <p>3. The regularity and validity of an election cannot be collaterally attacked.</p> <p>4. Where, on the trial of an action to recover a penalty for obstructing a street, it did not appear that notice had been given to adjacent land-owner of the purpose of the assessors to assess the advantage and disadvantage, or that such assessment and report thereof had been made, or that the street was opened for public use, or that it was used as a public street at any time: Held, that there was not sufficient evidence to go to the jury to prove the existence of the street, or that the defendant had obstructed it.</p>