Blair v. Coakley.
Supreme Court of North Carolina
ActioN by S. 0. Blair and others against S. F. Ooaldey, beard by Judge B. B. Peebles, at August Term, 1904, of the Superior Court of TjnioN County. This was a proceeding to alter a public road over the land of the defendant, brought before the Board of Commissioners of Union County and heard in July, 1904, on or prior to the 8th day of that month.
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ActioN by S. 0. Blair and others against S. F. Ooaldey, beard by Judge B. B. Peebles, at August Term, 1904, of the Superior Court of TjnioN County. This was a proceeding to alter a public road over the land of the defendant, brought before the Board of Commissioners of Union County and heard in July, 1904, on or prior to the 8th day of that month. The defendant, through his counsel, entered a special appearance and moved to dismiss the proceeding upon the following grounds: 1. For that the petition does not state over whose land the proposed road would run. 2. For that it does not appear that…
1Opinion of the Court
Walicer, L,
after stating tbe facts. It is stated in tbe record, as a fact found by tbe Judge, that tbe defendant, after tbe- appeal was dismissed, moved to dismiss tbe case for tbe reasons set out in bis motion to tbe same effect before tbe board. Tbis motion was denied and defendant excepted. It is stated in tbe case on appeal prepared by counsel that tbis motion to dismiss tbe case was made before tbe appeal was dismissed, but in tbis conflict tbe finding of tbe Judge and tbe record must control. Tbe motion certainly came too late, even if it should have been granted bad it been made…
2Cases cited13 opinions
- People, Ex Rel. Wood v. . LacombeNew York Court of Appeals · 1885
- Pittman v. . KimberlySupreme Court of North Carolina · 1885
- State v. . JohnsonSupreme Court of North Carolina · 1891
- Avery v. . PritchardSupreme Court of North Carolina · 1885
- Davenport v. GrissomSupreme Court of North Carolina · 1893
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