Legal Opinion

Anders v. . Anders

Supreme Court of North Carolina

Decided December 5, 1856PublishedCited by 3 opinions

This was a petition to lay out and establish a public road, tried before PeesoN, Judge, at a Special Term, January, 1856, of Bladen Superior Court. The petitioners filed their petition, ex parte, in the Court of Pleas and Quarter Sessions for Bladen county, having previously given twenty days’ notice of their intention to do so, to all persons over whose land the road was to pass.

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This was a petition to lay out and establish a public road, tried before PeesoN, Judge, at a Special Term, January, 1856, of Bladen Superior Court. The petitioners filed their petition, ex parte, in the Court of Pleas and Quarter Sessions for Bladen county, having previously given twenty days’ notice of their intention to do so, to all persons over whose land the road was to pass. Notice of the filing thereof being posted at the court-house door, according to law, until the next Court, it was then ordered that the road should be laid out, &c. A .jury was accordingly summoned, who laid out the…

1Opinion of the CourtBattle, J.

The principle established in the cases to which we are referred by the counsel for the plaintiffs, is just and proper, and by it we must be governed in the decision of the present. That principle is, that when, upon a petition to the County Court that a certain thing be done, which it is competent for that Court to order, the Court makes the order that it shall be done, a party dissatisfied may appeal from it; but if he neglect to do so, and afterwards object to the regularity or sufficiency of the proceedings under it, and they are confirmed, his appeal then, will carry up the question upon…

2Cited by3 opinions

  1. Robinson v. Lamb.Supreme Court of North Carolina · 1901
  2. Stiner v. . CawthornSupreme Court of North Carolina · 1838
  3. Dula v. . LawsSupreme Court of North Carolina · 1847

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