Legal Opinion

Ashcraft v. . Lee

Supreme Court of North Carolina

Decided June 5, 1878PublishedCited by 2 opinions

Petition to discontinue a public road, filed in Union, and removed to and heard at Spring Term, 1878, of Stanly Superior Court, before Moore, J. The petition was filed by the plaintiffs before the board of township trustees, and upon the hearing before them it was refused, and' the plaintiffs appealed to the board of county commissioners, who affirmed the judgment, and they again appealed to the Superior Court.

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Petition to discontinue a public road, filed in Union, and removed to and heard at Spring Term, 1878, of Stanly Superior Court, before Moore, J. The petition was filed by the plaintiffs before the board of township trustees, and upon the hearing before them it was refused, and' the plaintiffs appealed to the board of county commissioners, who affirmed the judgment, and they again appealed to the Superior Court. There was-much evidence in relation to the necessity, &c., of the road,, and the jury found in favor of the defendants. Judgment. Appeal by the plaintiffs.

1Opinion of the CourtFaiRCLoth, J.

The Legislature has invested the township boards of trustees and the boards of county commissioners with full power and authority to order ¡the -laying out of public roads where necessary, and to discontinue such roads as shall be found useless, &c., &c. Bat. Rev. ch. 105, § 1; And by § 3 if any person shall appeal from the judgment of the board, the Superior Court shall hear the whole matter anew. The power here given is complete, and its- exercise is a discretionary matter with- the county authorities, with the right of appeal above stated. We see no authority for submitting-the question to…

2Cases cited1 opinion

  1. Brodnax v. GroomSupreme Court of North Carolina · 1870

3Cited by2 opinions

  1. Robinson v. . LambSupreme Court of North Carolina · 1900
  2. Ashcraft v. . LeeSupreme Court of North Carolina · 1879

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