Opinion
June Term, 1876.
Mandamus.
(For the syllabus, see case between the two parties, ante, page 267.)
APPEAL from Watts, J., at January Term, 1876, of WAKE.
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 appellant. (273)
Haywood, Fowle and Snow, contra.
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.
Cited: Gas Co. v. Raleigh, post, 274; Fry v. Comrs., 82 N.C. 306.