McDowell v. Western North Carolina Insane Asylum
Supreme Court of North Carolina
This is a summary PROCEEDING, to establish a road, heard upon a motion to dismiss defendant’s appeal from the order of the Board of Commissioners, before Clark, J., at August Term, 1888, of Burkic Superior Court.
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This is a summary PROCEEDING, to establish a road, heard upon a motion to dismiss defendant’s appeal from the order of the Board of Commissioners, before Clark, J., at August Term, 1888, of Burkic Superior Court. The plaintiffs hied their petition before the -County Commissioners of the county of Burke, suggesting and alleging the necessity for a public road in that county as therein specified, and praying that the Commissioners order the laying out of such road, as allowed by the statute (The Code, § 2088.) The defendant corporation appeared and filed objections to the petition in writing.…
1Opinion of the CourtMerrimon, J.
(after stating the case.) This is not a civil action nor a special proceeding, but is a summary proceeding prescribed by the statute (The Code, § 2038) to be observed in the establishment and discontinuance of public roads and ferries. It was begun before the County Commissioners, who are invested with power and authority to hear applications-for such purposes, “ and if sufficient reason be shown the board (of County Commissioners) shall appoint and settle or discontinue the said ferry or order the laying out or discontinuance or alter the said road as the case may be.”
The statute (The Code,…
2Cases cited1 opinion
- Andrews v. . BeamSupreme Court of North Carolina · 1887
3Cited by5 opinions
- Cook v. Vickers.Supreme Court of North Carolina · 1906
- Candler v. SluderSupreme Court of North Carolina · 1963
- Triplett v. . LailSupreme Court of North Carolina · 1947
- Lambe v. . LoveSupreme Court of North Carolina · 1891
- Sutphin v. . SpargerSupreme Court of North Carolina · 1909