Miller v. City of Asheville
Supreme Court of North Carolina
(PLAINTIFFS’ APPEAL). Civil aotioN for the recovery of damages for land condemned by the City of Asheville belonging to plaintiffs, tried at August Term, 1891, of Bukoombk Superior Court, before Merrimon, J., and a jury.
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(PLAINTIFFS’ APPEAL). Civil aotioN for the recovery of damages for land condemned by the City of Asheville belonging to plaintiffs, tried at August Term, 1891, of Bukoombk Superior Court, before Merrimon, J., and a jury. The nature of the proceedings and the facts in relation thereto, including the issues submitted to the jury and the report of R. McBrayer, referee, are fully set out in the report of the defendant’s appeal in the case between the same parties at this Term (page 759). The plaintiffs filed the following exceptions to the report of the referee: “The plaintiffs except to the…
1Opinion of the Court
Clark, J.:
The proceedings were begun by the defendant as plaintiff, and against one of the plaintiffs as defendant, the other plaintiffs having since come in and been made parties by consent. By some means the relative position of the plaintiñs and defendant was changed when the case got into the Superior Court, but this is immaterial, as also are some other technical irregularities which were waived, no exception having been taken at the time.
As to the first and second exceptions by the plaintiffs to the referee’s report, the will of James M. Smith was in evidence without exception, and it…
2Cases cited2 opinions
- Humphrey v. Board of Trustees of Front Street Methodist Episcopal ChurchSupreme Court of North Carolina · 1891
- Miller Ex-ParteSupreme Court of North Carolina · 1884
3Cited by4 opinions
- Barnes v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1962
- Stubbs v. United StatesDistrict Court, M.D. North Carolina · 1938
- REDEVELOPMENT COM'N OF GREENVILLE v. CapehartSupreme Court of North Carolina · 1966
- Dyer v. DyerCourt of Appeals of Kentucky · 1915