State Highway Commissioner v. Easley

I disagree with the majority that the trial court had power under Code § 8-348 to amend the order of June 18, 1973, to show that exceptions had been filed to the commissioners’ report. So far as we know, the failure of the order to recite the filing and overruling of exceptions may have resulted from the deliberate decision of the then counsel for the Highway Commissioner to abandon the exceptions previously filed. But whether this was the case, the possibility that it was the case amply demonstrates the policy reason that Code § 8-348 should be limited, as its language clearly indicates, to…