Pressley v. City of Asheville, 199 N.C. 520 (1930)

Oct. 1, 1930 · Supreme Court of North Carolina

199 N.C. 520

E. F. PRESSLEY v. CITY OF ASHEVILLE.

(Filed 1 October, 1930.)

Appeal by plaintiff from Oglesby, J., at August Term, 1930, of BuNcombe.

Controversy without action submitted on an agreed statement of facts.

From a judgment against the plaintiff he appeals.

J. Scroop Styles for plaintiff.

George Pewnel, Chas. N. Malone and Chas. Earl Jones for defendant.

Stacy, C. J.

Tbis is a companion, case to Green v. Asheville, ante, 516, and is controlled by tbe decision in tbat case, tbe only difference being tbat in tbe instant case tbe plaintiff resides in wbat was formerly tbe town of South Biltmore, while tbe plaintiff in tbe Green case resides in wbat was formerly tbe town of Kenilworth. Tbe charters of both towns, South Biltmore and Kenilworth, were repealed by tbe extension act in question, and tbe city of Asheville assumed all tbe valid outstanding obligations and liabilities of both towns and succeeded to all of their assets, revenues, taxes, assessments, etc.

Affirmed.