Holmes v. Bullock
Supreme Court of North Carolina
PROCEEDINGS for a cartway, tried before Stacy, J., and a jury, at March. Term, 1919, of Cumberland. This" is a proceeding commenced by petitioners before the board of supervisors of Elea Hill Township (Cumberland County), for a cartway starting at a point on the national highway and extending along the lines of lands of defendants to a place near tbe lands of 0. L. Holmes, one of tbe petitioners.
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PROCEEDINGS for a cartway, tried before Stacy, J., and a jury, at March. Term, 1919, of Cumberland. This" is a proceeding commenced by petitioners before the board of supervisors of Elea Hill Township (Cumberland County), for a cartway starting at a point on the national highway and extending along the lines of lands of defendants to a place near tbe lands of 0. L. Holmes, one of tbe petitioners. Tbe petition was filed alleging that it was a public necessity tbat such a cartway should exist, as tbe petitioners and others were in great need of a road on which to go to cbnrcb, to mills,…
1ConcurrenceClark, C. J.
That the action should not be dismissed, but as the case goes back to the Superior Court to be tried by a judge and jury, sees no reason why the judgment and verdict already entered should not be aifirmed.
This action was begun by petition before the township supervisors for the establishment of “a cartway,” who allowed the petition, and on *379appeal to the county commissioners the action of the township super- ■ visors was approved. On appeal from the county commissioners to the Superior Court, the judge granted an amendment to ask for a public road instead of cartway, to which the defendants…
2Cases cited8 opinions
- Boing v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1882
- Ewbank v. Turner.Supreme Court of North Carolina · 1903
- In Re AndersonSupreme Court of North Carolina · 1903
- Peoples v. . NorwoodSupreme Court of North Carolina · 1886
- State v. . NealSupreme Court of North Carolina · 1897
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