Tucker v. The City of Raleigh

• Decision Date: 30 June 1876
• Court: North Carolina Supreme Court
• Parties: W. H. & R. S. TUCKER v. THE CITY OF RALEIGH.

75 N.C. 272

W. H. & R. S. TUCKER

v.THE CITY OF RALEIGH.

Supreme Court of North Carolina.

June Term, 1876.

(For the Syllabus, see case between the two parties, 74 N.C. 267.)

CIVIL ACTION, heard before WATTS, J., at January Term, 1876, of WAKE Superior Court.

The facts are substantially the same as in the preceding case between the same parties.

There was judgment in favor of the plaintiff according to the prayer of the complaint, and the defendant appealed.

Busbee & Busbee, for the appellant .

Haywood, Fowle and Snow, contra .

READE, J.

An alternative, and not a peremptory mandamus, is the proper judgment. See opinion filed in a case, between same parties at this term. No error.

PER CURIAM. Judgment accordingly.