Miller v. . Heart
Supreme Court of North Carolina
Appeal from an interlocutory judgment of the Superior Court of Law of Davidson county, at Fall Term; 1843, bis Honor Judge Manly, presiding.
Read the full summary
Appeal from an interlocutory judgment of the Superior Court of Law of Davidson county, at Fall Term; 1843, bis Honor Judge Manly, presiding. At February Term, 1843, of Davidson County Court, Azariah Williams, processioner for the said county, made a report to the said court, setting forth, that, being called on to'procession the land of John Miller, (the present plaintiff,) he did, on the 2d of February, 1843, after it had been certified to him that due notice had been given, cohimence “on the east bank of the Yadkin at a hickory stump, then run thence North eighty-five degrees Fast, forty…
1Opinion of the CourtGaston, J.
This case has been submitted here upon the exceptions taken in the County Court, and we have accordingly examined them. Several of these create no difficulty, and may readily be disposed of. Among these are thq first and fourth, which except to the said report, the first, because it does not appear that previous legal notice was given to Heart to attend, at the time when the processioning was first attempted, and the processioner forbidden by him to proceed ; and ihe fourth, that it does not appear that legal' notice was given to him to attend the commissioners, when about to procession under…
2Cited by2 opinions
- Crouch v. WainscottCourt of Appeals of Kentucky · 1906
- (HC) Bristow v. GamboaDistrict Court, E.D. California · 2021