Graded School Trustees of Elizabeth City v. Hinton
Supreme Court of North Carolina
Appeal from O. H. Alien, J., heard at chambers, by consent, as of the March-Term, 1911, of PasquotawK. The Graded School Trustees of Elizabeth City brought proceedings for condemning the adjoining lands of defendant for school purposes, with the required allegations, and defendant appealed from the order of the clerk of the Superior Court refusing to transfer the cause to the civil-issue docket, holding that the pleadings raised no issue of fact, and appointing commissioners…
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Appeal from O. H. Alien, J., heard at chambers, by consent, as of the March-Term, 1911, of PasquotawK. The Graded School Trustees of Elizabeth City brought proceedings for condemning the adjoining lands of defendant for school purposes, with the required allegations, and defendant appealed from the order of the clerk of the Superior Court refusing to transfer the cause to the civil-issue docket, holding that the pleadings raised no issue of fact, and appointing commissioners to lay off the lands, assess their value, and report their proceedings, etc. At a regular term the order of the clerk…
1Opinion of the Court
Pee Cueiam.
This appeal is premature, and upon motion is dismissed. Exceptions should be noted, and when a final judgment is rendered an appeal may be taken. Hendrick v. R. R., 98 N. C., 431; R. R. v. Warren, 92 N. C., 620; Telegraph Co. v. R. R., 83 N. C., 420.
Appeal dismissed.
2Cases cited3 opinions
- American Union Telegraph Co. v. Wilmington, Columbia & Augusta RailroadSupreme Court of North Carolina · 1880
- Hendrick v. Carolina Central RailroadSupreme Court of North Carolina · 1887
- Norfolk Southern Railroad v. . WarrenSupreme Court of North Carolina · 1885
3Cited by8 opinions
- Parrish v. . R. R.Supreme Court of North Carolina · 1942
- State Ex Rel. Corporation Commission v. Cannon Manufacturing Co.Supreme Court of North Carolina · 1923
- Bradshaw v. Citizens National BankSupreme Court of North Carolina · 1916
- Parrish v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1942
- Ingle v. McCurrySupreme Court of North Carolina · 1955
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