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