Schrader v. Third Judicial District Court

OPINION

By the Court,

Coleman, C. J.:

This is an original proceeding in certiorari to review an order made by the respondent court in a condemnation suit instituted pursuant to chapter 66, vol. 4, N. C. L. (section 9153 et seq.).

The order sought to be annulled is one authorizing the Roberts Mining & Milling Company to occupy the premises sought to be condemned, pending the action. The order in question was made after notice of the intention to apply for such order was served upon the county clerk of Eureka County, in which the property is situated; the petitioner herein (defendant in said suit)…