Hanes v. North Carolina Railroad
Supreme Court of North Carolina
Special PROCEEDINGS to assess damages for right-of-way, and heard (on appeal from the Clerk) at February Term, 1891, of Forsyth Superior Court, before Bynum, J. The report of the commissioners was as follows: “ Obedient to a summons by the Sheriff of Forsyth County, we, the undersigned commissioners, appointed by the Clerk of Forsyth County Superior Court to assess the damages and benefits resulting to Mary C. Hanes by reason of the construction by the defendant company of a…
Read the full summary
Special PROCEEDINGS to assess damages for right-of-way, and heard (on appeal from the Clerk) at February Term, 1891, of Forsyth Superior Court, before Bynum, J. The report of the commissioners was as follows: “ Obedient to a summons by the Sheriff of Forsyth County, we, the undersigned commissioners, appointed by the Clerk of Forsyth County Superior Court to assess the damages and benefits resulting to Mary C. Hanes by reason of the construction by the defendant company of a railroad through her lands, being duly sworn, and having viewéd the premises, do make the following report: Having…
1Opinion of the Court
A very, J.:
The statute (The Code, §1946) provides that “the Court or Judge on the hearing, may direct a new appraisement, modify or confirm the report, or make such order in the premises as to him shall seem right and proper.” If under the general statuté regulating special proceedings (The Code, § 116), the plaintiff had the right before commissioners were appointed to insist that the Clerk should frame an issue involving the question of damages and transmit the case to be tried in term time by a jury, he could not, after acquiescing in the order appointing commissioners and thereby…
2Cases cited6 opinions
- Matthews v. . JoyceSupreme Court of North Carolina · 1881
- Chowan & Southern Railroad v. ParkerSupreme Court of North Carolina · 1890
- Beattie v. Carolina Central RailroadSupreme Court of North Carolina · 1891
- Lineberger v. . TidwellSupreme Court of North Carolina · 1889
- Skinner v. . CarterSupreme Court of North Carolina · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Durham v. Rigsbee.Supreme Court of North Carolina · 1906
- Bank of Chatham v. ArendallSupreme Court of Virginia · 1941