THROUGH IMPROVED FARM PRACTICES —. ■ rTiin. No. 377 - LenolV W. L. MEASLEY, MARK OTH, HARRY SUTTON E WHITFIELD, Cotnstitut s Board of County Com « April 1853, NUNC PRO TUNC. Civil action to enjoin. the is. suance of hospital bomb and to restrain the disbursement of county funds. *. '; • 4 This case was here on. former appeaL Rider v. Lenoir. Coun ty, 236 NC 620, 73 SE 2d 913< The essential facto relating to the primary matters at Eisner are there stated. Upon the certification of th{j opinion filed ton that appeal^ a reasonable sum is expense money, especially expense in clined in expploying counsel to prosecute this action, id be paid by defendant County ont of the funds preserved to the taxpay ers by this action. At the same term, defendants filed a motion for the assesstnent of damages against plaintiffs and their surety upon thcOr injunction bond and for the appointment of a retiree to hear the evidence and determine the amount of damages sustained. v These motions came on Tor hearing at the first February Term which convened 16 Febru ary 1953, and. the hearing was continued to the second Febru ary Term which ootavMned 23 February 1953. When the cause came on to be heard at the sec. ond February Term, it was agreed that the motions should be continued, to be heard in chambers at Fayetteville, 4 April 1953, at which time the eourt would, rule on'the motions made and sign final judgment on the opinion certified from this Court. When the cause came on to be heard in Fayetteville, the defendahts tendered a proposed judgment in accord with their interpretation of the opinion of this Court, They also tender ed an order reciting certain facts andl adjudging that de fendants are entitled to dam ages sustained by reason of the Knjunction wrongfully ‘issued herein and ordering a reference on the question of damages. Re fusal of the court to sign these orders is noted, at the foot thereof, but no exception to the orders of refusal is made to ap pear. ' The court having' declined to sign the judgment tendered by defendants, entered judgment in accord with the opinion cer tified from this Court. The court therein found certain' facts relating to the motions made which may be summarized as follows: (1) That because of the delay Involved in this liti gation, the County has been able to award a contract to prohide the . hospital facilities which saves the taxpayers of the county $133^86.24). (2) Plain tiffs, through this action, re stored to the Comity $138,713.80 of the public funds and thus preserved and protected the tax payers against the illegal ex penditure thereof; (3) Plain tiffs, exclusive of attorney fees, have expended approxi mately $3750 5n the prosecution of this aetion. It concluded that in keeping -with equitable prin ciples, plaintiffs are entitled to have the County, of Lenoir re lieve them of the expenses of this litigation, to the extent of. a reasonable amount, as com pensation to the attorneys em ployed by plaintiffs, and that $4,500 constitutes a reasonable compensation to be paid said attorneys. It thereupon order ed that the defendant County “pay unto the plaintiffs for compensation to their attorneys employed in this case the sum of $4,500.00 from the amount of $138,713.80 which the defendants (Continued on page 7) Kinston Building Boom Has Its Beauties, For Instance Kinston' unlike many of the older towns In the Eastern Unit ed States npw@r developed, or at least never kept any architecture peculiar to’itself. Its sudden rapid growthd^rthe end of the IToday, as Kinston nears Its $ in that same architectural boat. Kinston still has no strongly dominant school of ar. chitecture. It has not gone “hog wild” In the direction of extreme modernism, or functionalism even though It does have a few fine examples of what many people think of when “modem design” is spoken within their hearing. Now getting along In years In a tender sort Of way hut •till an example of the straight line used in heme building la the Henry Johnson Home on the Snow Hill Highway. And Ar chitect John Rowland and his Boss recently moved into a thoroughly modem new home on Perry Park Drive and Green briar Road. All glass, haiiglng porches, straight lines and mod blow although some scattering examples of that fine style can be found in and around Kin ston, with the finest by far in the county located out at Ken nedy Memorial Home at Fall ing Creek where the Superin tendent’s home is a thing of beauty, if not a Joy to the one who has to do all the dusting and painting. The continental feeling due to a combination of many things never was able to get a very strong foothold in Kinston. The Harvey Ones Home is one of the few that finds its roots In English countrysides. It is an This is a front view of the home of Mr. and. Mrs. George DuBose which was recently com pleted just west of the Kinston Country Club. DtiBose, who is one of this section's best known' — — # building contractors apparently does not intend for people to say that a bonding contractor’s wife is like the "cobbler's wife” for in this beautiful new home nothitag but the finest is in corpora ted. This view of the house, facing the west reveals less than half of the house which is built, as many homes of recent design—on two lev els. If Thto fc at the ThqUojit home which rcvoilfl W^hOebmwbPwc there i»." bine to mjdte It bde of the most beautiful in Klnstotk. (Polaroid photo-in-a-mlnnie by Jack Rid er.) f .?!?• eiegani example or the building arts and is probably the finest home — all things considered — In Eastern Carolina. But there are many, many homes a lot more livable than the Hines Home. And in that one word may be found the key to most home construction-planning of recent years in Kinston: LIVABLE. The emphasis today is first on comfort, economy of operation and maintenance and, of course, economy of construction. But even in that small circle where cost Is secondary there Is a far greater emphasis on utility thaw on the rococo bent structures that grew ornately about the country side in the late 19th and early 20th centuries ln cheap and most brassy imitation of a style that never looked good even when It was done “right.” The newer homes of Kin ston have been packed, usually, onto smaller lots because of the high price of land, because of the further cost of keeping up garden area and this has majority to be of less leslgn than form are exceptions w this, however, since some too large houses have been crowded onto the tiniest kind of lots. Perhaps the most monotonous trend If it could be called a trend to hit Kinston In recent years has been the “ranch type house.” Long, low and always a little too neat to really look like a ranch house. This low, long, squatty look has about run Its course it ap pears from looking at the most recent construction around town. Houses are going up In the air. More two-storied and story-and a-half houses are Joining the parade toward “Better Living Through Better Housing”—to steal a line from Du Pont and twist it a little. The new George Dubose Home pictured here is one of the fin est built! n recent years in Kin ston, as well as one of the most beautful. A combination of set ting and design have been blended Into what Is an extreme ly livable home. Perhaps the worst Influence In recent years to marr the ap pearance of even the most beau Continued on page 12

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