IN RE ATKINSON-CLARK CANAL CO.

No. 314.

56 S.E.2d 442 (1949)

231 N.C. 131

In re ATKINSON-CLARK CANAL CO.

Supreme Court of North Carolina.

November 23, 1949.


Attorney(s) appearing for the Case

Sam B. Underwood, Jr., Greenville, for appellant.

H. S. Ward, Washington, F. M. Wooten, Jr., Greenville, for appellee.


DENNY, Justice.

The appellant challenges the validity of the assessments which the petitioner undertook to levy. She excepted to the finding of fact that the assessments were properly made by the Directors of the Canal Company, on the ground that the petitioner offered no evidence to show that the assessments were made in compliance with the report of Commissioners on which the corporation is based, as required by G.S. § 156-42.

The burden was upon the...

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