Lambe v. . Love
Supreme Court of North Carolina
This was a petition to have a public road and ferry established, -heard before Mclver, J., at Spring Term, 1891, of Chatham Superior Court. The prayer of the petitioner was allowed. The jury laid out the road, assessed damages and made their report to the County Commissioners, who confirmed the same. Thereupon the respondents appealed to the Superior Court.
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This was a petition to have a public road and ferry established, -heard before Mclver, J., at Spring Term, 1891, of Chatham Superior Court. The prayer of the petitioner was allowed. The jury laid out the road, assessed damages and made their report to the County Commissioners, who confirmed the same. Thereupon the respondents appealed to the Superior Court. In the latter Court the appellants (petitioners) moved to dismiss the appeal, “upon the ground that the defendants (respondents) should have appealed from the order of the Commissioners establishing the public road, fixing the termini and…
1Opinion of the Court
Merrimon, C. J.:
It may be that the respondent was satisfied with the order of the County Commissioners directing the laying out of the public road, and he did not desire to appeal from such order, but he may have been dissatisfied for good cause with the action of the jury in some material respect, and that of the County Commissioners in confirming their report. The jury may not have been a lawful one; they may have proceeded improperly in the execution of the order, or in assessing damages to the prejudice of the respondent. If so, and their report was improperly confirmed, he had the right…
2Cases cited4 opinions
- Wilson v. . LinebergerSupreme Court of North Carolina · 1880
- Davis v. . ElySupreme Court of North Carolina · 1888
- West v. . ReynoldsSupreme Court of North Carolina · 1886
- McDowell v. Western North Carolina Insane AsylumSupreme Court of North Carolina · 1888
3Cited by2 opinions
- Keaton v. . GodfreySupreme Court of North Carolina · 1910
- Walls v. StricklandSupreme Court of North Carolina · 1917