Oliver v. Irvin

Carlisle, Presiding Judge.

This is a processioning case. After the processioners had filed their return in the court of ordinary, Irvin, an adjoining landowner, filed, on March 27, 1956, a protest to the return solely on the ground that the line, as run by the processioners along his property, was not the true line. After the case was transmitted to the superior court (Code § 85-1609), and on March 21, 1961, the protestant amended his original protest and on the same day filed a pleading which he denominated a motion to dismiss containing seven grounds, two of the grounds being, in substance,…