Minor v. . Harris
Supreme Court of North Carolina
Motion to dismiss an appeal from an interlocutory order in the County Court, heard before Warren, J., at Spring Term, 1867, of the Superior Court of Granville. A petition had been filed in the County Court of Gran-ville under c. 71, s. 1, of the Rev. Code, asking for the condemnation of aii acre of land belonging to the defendant, for a mill site.
Read the full summary
Motion to dismiss an appeal from an interlocutory order in the County Court, heard before Warren, J., at Spring Term, 1867, of the Superior Court of Granville. A petition had been filed in the County Court of Gran-ville under c. 71, s. 1, of the Rev. Code, asking for the condemnation of aii acre of land belonging to the defendant, for a mill site. The cause having been heard in that court upon the petition, answer and proofs, an order was granted appointing four freeholders to view, lay off and value an' acre of land as prayed for. From this order the defendant prayed for and obtained an…
1Opinion of the Court
Battle, J>
The only question presented in this case is whether the defendant had the right to appeal to the Superior Court from the order made in the County Court.
The plaintiff’s counsel contends that he had not: 1st. because no appeal is given in such case, either by the 74th chapter of the Eevised Code, under which the petition was filed, or by the general law concerning appeals, contained in the 4th chapter of the Code; 2ndly, because the order was not of that kind of interlocutory orders from which an appeal is allowed.
In support of the first objection the case of Brooks v. Morgan, 5 Ire.,…
2Cited by2 opinions
- Robinson v. Lamb.Supreme Court of North Carolina · 1901
- Mastin v. . PorterSupreme Court of North Carolina · 1848