Taylor Rogers v. Davis

In the Supreme Court tbe appellants demurred ore Lenus and moved to dismiss the proceeding for want of jurisdiction, for that the proceeding was instituted before the clerk of the Superior Court, whereas such proceeding should have been instituted before the board of county commissioners. We are constrained to sustain the demurrer and grant the motion.

This proceeding was instituted in accord with section 1, chapter 448, Public Laws 1931, amending Article 13, chapter 70, of the Consolidated Statutes (being 3835 N. C. Code of 1935), which provides that proceedings to establish cartways over the…