State v. . Johnson
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Yancy County, at the Spring Term 1S50, his Honor Judge Bailey presiding. The defendant was indicted as an overseer of a public road for not keeping the same in repair.
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Appeal from the Superior Court of Law of Yancy County, at the Spring Term 1S50, his Honor Judge Bailey presiding. The defendant was indicted as an overseer of a public road for not keeping the same in repair. Upon the trial, the jury found the following special verdict: That there is a public road, leading from the County of Burke through the County of Yancy to the Tennessee line, and that the same has been used by the citizens for the space of nineteen years, that said road was made by Isaac T. Avery in 1S29, by virtue of a charter granted him by the Legislature of North Carolina in 1827 and…
1Opinion of the CourtPearson, J.
Baker v. Wilson, 3 Ire. 168, settles this case. There, certain engineers, in the service of the United States, had surveyed and marked out the line of a road, contemplated to be made by the Federal government. The government abandoned the road, and the County Court of Yancy, availing itself of the survey an 1 location which had been made, passed an order, that the plaintiff, Baker, oversee the road, from the top of the mountain, &c., and assigned hands; among others the defendant, who refused to work, and was warranted for ihe penalty. The Court decided in his favor, on the ground, that the…
2Cited by2 opinions
- Hemphill v. . Board of AldermenSupreme Court of North Carolina · 1937
- State v. . LucasSupreme Court of North Carolina · 1899