Warlick v. . Lowman
Supreme Court of North Carolina
This was a proceeding to establish a cartway, heard upon a motion to dismiss an appeal from the Board of Commissioners, before Clark, J., at August Term, 1888, of Burke Superior Court.
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This was a proceeding to establish a cartway, heard upon a motion to dismiss an appeal from the Board of Commissioners, before Clark, J., at August Term, 1888, of Burke Superior Court. The plaintiff filed his petition before the Board of Supervisors of the proper township, alleging that it was necessary, reasonable and just that he should have a private way to a public road specified, and to that end “ praying for a cartway to be kept open across ” the lands of the defendant, &c., as allowed in a proper case by the statute (The Code, § 2056). The defendant appeared and opposed the petition.…
1Opinion of the CourtMerrimon, J.
(after stating the case.) The statute (The Code, § 2056) allowing cartways to be laid off in certain cases, among other things provides that “the petitioner or the adverse party may appeal from the order of the Supervisors to the Board of Commissioners of the county, and from the order of the Board of Commissioners to the Superior Court at term, where the issues of fact shall be tried by a jury and from the judgment of the Superior Court to the Supreme Court as in other cases of appeal.” So that by express provision of the statute an appeal lay from the order of the Supervisors allowing the…
2Cited by4 opinions
- Cook v. Vickers.Supreme Court of North Carolina · 1906
- Candler v. SluderSupreme Court of North Carolina · 1963
- Triplett v. . LailSupreme Court of North Carolina · 1947
- Dailey v. . BaySupreme Court of North Carolina · 1939