Supreme Court of North Carolina January 5, 1874 (Atlantic, Tennessee & Ohio Railroad v. Johnston)

Eotoian, J.

The facts of this case appearing on the pleadings, so for as wo consider them material for the present pur

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pose, may be briefly stated. The action is brought in tbe name of the Railroad Company, by certain persons claiming to be tbe President and Directors of the Company, (and whom, for brevity, I shall call, as they were called in the argument, the McDowell Directors,) to