Legal Opinion

Cape Fear & Northern Railroad v. Stewart

Supreme Court of North Carolina

Decided March 24, 1903PublishedCited by 9 opinions

Action by the Cape Fear and Northern Railroad Company, against J. E. P. Stewart and others, heard by Judge W. 8. O’B. Robinson, at Chambers, at Goldsboro, N. C., November 25, 1902. From a judgment for the plaintiff, the defendants' appealed.

1Opinion of the CourtMontgomery, J.

This is a proceeding begun before the clerk of the Superior Court of Harnett County for the condemnation of the defendant’s land to the use of the plaintiff for railroad purposes. The commissioners appointed by the clerk acted under their appointment and made a report of their proceedings. Within 20 days thereafter the defendant filed exceptions to the report of the commissioners.’ One of the exceptions was to the inadequacy of the compensation for the land taken. The other exceptions we do not notice, for they seem to be dependent upon the proper construction of the pleadings. The clerk…

2Cases cited2 opinions

  1. Roseman v. Roseman.Supreme Court of North Carolina · 1900
  2. State Ex Rel. Clark v. PeeblesSupreme Court of North Carolina · 1897

3Cited by9 opinions

  1. Dixon v. . OsborneSupreme Court of North Carolina · 1931
  2. Wallace v. . SalisburySupreme Court of North Carolina · 1908
  3. S. B. Parker Co. v. Commercial National BankSupreme Court of North Carolina · 1931
  4. Duckworth v. . DuckworthSupreme Court of North Carolina · 1907
  5. Privette v. . AllenSupreme Court of North Carolina · 1947

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