Town of Ayden v. Lancaster

Clarkson, J,

This Court, in Town of Ayden v. Lancaster, 195 N. C., 297, held that in condemnation proceedings instituted by a town before the clerk of the Superior Court, to take lands for public municipal purposes, upon exception duly filed by the owner to the damages assessed by the-commissioners and an appeal being taken to the Superior Court and a jury trial demanded on the issues raised by the exception, the landowner had a right to a jury trial in the Superior Court on the question of damages.

The present appeal by plaintiff, petitioner, is for errors which it contends the court below…