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Holley v. Smith.

Holley v. . Smith

Holley v. Smith., 43 S.E. 501 (N.C. 1903)
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Court
Supreme Court of North Carolina · State Highest Courts
Decided
February 24, 1903
Judges
Clark
Citations
43 S.E. 501132 N.C. 361903 N.C. LEXIS 222
Headnotes
1. REHEARINGS — Appeal. When a matter of law has been decided by the supreme court it can be reviewed only on a rebearing, and can not be again questioned in the same case on a subsequent appeal. 2. GRANTS — Water and Water-courses — Navigable Waters — Acts 1891, eft. 532 — Acts 1893, oh. 4- A person making an entry of land covered by navigable waters is confined to straight lines, including only tbe fronts of bis own land.
Summary
Action by Thos. D. Holley against William Smith, beard by Judge George A. Jones and a jury, at November Term, 1902, of the Superior Court of Beetie County. From a judgment for the defendant, the plaintiff appealed.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Clark

Clark, C. J.

This is the same case that was before us in 130 N. C., 85 . The plaintiff avers that the Court, in that decision, overlooked chapter 532, Laws 1891. But if so, bis remedy was by petition to rehear. The former decision is the law of this ease, and the appellant can not escape the safeguards and requirements exacted for rehearings by simply taking another appeal presenting exactly the same proposition of law to the Court.

Perry v. Railroad, 129 N. C., 333 , and cases there cited.

But, treating this as an original appeal, there is no error. The Act of 1891 (chapter 532), which was repealed by Act of 1893, chapter 4, especially provided that persons making entry of land covered by navigable water should be “confined *37 to straight lines, including only the fronts of their own lands'.” The locus in quo is not in front of the plaintiff’s land, but in front of another’s, and as to such land the entry was unauthorized by law and void.

No Error.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1904: 21908: 11911: 319042026peak 1911 · 3

Relies on it most ⓘ

  1. Britt v. Carolina Northern Railroad61 S.E. 601 (N.C. 1908)
  2. Harrington v. Rawls.48 S.E. 571 (N.C. 1904)
  3. Carter v. White46 S.E. 983 (N.C. 1904) · Dissent
  4. Hospital v. R. R.73 S.E. 242 (N.C. 1911)
  5. Charles S. Riley & Co. v. W. T. Sears & Co.72 S.E. 367 (N.C. 1911)
  6. Gainesville & Alachua County Hospital Ass'n v. Atlantic Coast Line Railway Co.157 N.C. 460 (1911)

Most recent

  1. Hospital v. R. R.73 S.E. 242 (N.C. 1911)
  2. Gainesville & Alachua County Hospital Ass'n v. Atlantic Coast Line Railway Co.157 N.C. 460 (1911)
  3. Charles S. Riley & Co. v. W. T. Sears & Co.72 S.E. 367 (N.C. 1911)
  4. Britt v. Carolina Northern Railroad61 S.E. 601 (N.C. 1908)
  5. Harrington v. Rawls.48 S.E. 571 (N.C. 1904)
  6. Carter v. White46 S.E. 983 (N.C. 1904) · Dissent

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Perry v. Western N.C. R.R., 40 S.E. 191 (N.C. 1901) 12
Holley v. Smith., 40 S.E. 847 (N.C. 1902) 9

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