Chowan & Southern Railroad v. Parker
Supreme Court of North Carolina
This was a Special Proceeding to assess damages for the right-of-way for a railroad through the land of defendants, tried on appeal from the Clerk at the September Term, 1889, of the Superior Court of Gates County, before Boy-kin, J. The proceeding was regularly instituted before the Clerk, and upon the hearing commissioners were duly appointed, who met upon the premises, and, after being duly sworn, assessed the damages at the sum of two hundred dollars ($200), and duly…
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This was a Special Proceeding to assess damages for the right-of-way for a railroad through the land of defendants, tried on appeal from the Clerk at the September Term, 1889, of the Superior Court of Gates County, before Boy-kin, J. The proceeding was regularly instituted before the Clerk, and upon the hearing commissioners were duly appointed, who met upon the premises, and, after being duly sworn, assessed the damages at the sum of two hundred dollars ($200), and duly made their report, as set out in the ■record. The defendants objected to the finding of the commissioners, on the ground…
1Opinion of the CourtAvery, J.
after stating the facts: The Code, §§1945 and 1946, provides that where the prayer of a petitioner for condemnation of right-of-way is granted, the Clerk (the Court) shall appoint three disinterested and competent freeholders, and when their report is filed, “any person interested in the land may file exceptions to the report, and, upon the determination of the same by the Court, either party to the proceeding may appeal to the Court at term, and thence, after judgment, to the Supreme Court. The Court, or Judge, on the hearing, may direct a new appraisement, modify or confirm the report, or…
2Cases cited5 opinions
- Raleigh & Augusta Air Line R. R. v. WickerSupreme Court of North Carolina · 1876
- McIntire v. Western N. C. RailroadSupreme Court of North Carolina · 1872
- Spencer v. . CredleSupreme Court of North Carolina · 1889
- Norfolk Southern Railroad v. ElySupreme Court of North Carolina · 1888
- Britt v. . BentonSupreme Court of North Carolina · 1878
3Cited by26 opinions
- Keystone Driller Co. v. WorthSupreme Court of North Carolina · 1895
- Belk's Department Store, Inc. v. . Guilford CountySupreme Court of North Carolina · 1943
- Durham v. Rigsbee.Supreme Court of North Carolina · 1906
- State v. JonesSupreme Court of North Carolina · 1905
- Ledbetter v. . PinnerSupreme Court of North Carolina · 1897
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