Achenbach v. . Johnston

84 N.C. 264

• Court: Supreme Court of North Carolina
• Decided: January 5, 1881
• Status: Published

Opinion

Ruffes, J.

The question presented in this ease is» whether “a field grown up in broom sedge and wire grass,, surrounded by an old fence and used as a pasture,” can be construed to be “woods”' within, the meaning of the statute-. Bat. Rev. ch. 13, § 1. His Honor below held that it c©.uld not, and we concur in his opinion. '

The case of Hall v. Crawford, 5 Jones, 3, in which it was held tha-t “an old field which had been turned out without any fence around it cmd whieh had grown up- in broom sedge and pine bushes, some of which were %oaist-liigh and others- head-high,”' did come within its meaning, stretched, the doctrine of being liberal in construing statutes in order to- reach the mischief intended to be remedied, as far as it is safe to follow. We therefore hold that in the ruling of the superior court there was no error.

No error. Affirmed.