Sutphin v. . Sparger
Supreme Court of North Carolina
Appeal from Subbt, Webb, Jupon motion to dissolve a restraining order, 29 February, 1909," at Wentworth. Under authority conferred by chapter 407, Laws 1907, the county commissioners of Surry, on the first Monday in March,. 1908, appointed three road commissioners for said county.
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Appeal from Subbt, Webb, Jupon motion to dissolve a restraining order, 29 February, 1909," at Wentworth. Under authority conferred by chapter 407, Laws 1907, the county commissioners of Surry, on the first Monday in March,. 1908, appointed three road commissioners for said county. By section 1 of said act the road commissioners' of said county were authorized, upon petition of a prescribed number of citizens and landowners, to lay out or change any public road of said county. Soon after their appointment the road commissioners, acting upon a petition presented to them to change the grade and…
1Opinion of the CourtClark, C. J.
The plaintiffs’ appeal did not put the case in the Superior Court.
1. The appeal. should have been taken at the April term of the county commissioners, when they confirmed the report of the road commissioners and ordered the changes in the road to be laid out and worked. McDowell v. Asylum, 101 N. C., 656. The plaintiff should'not have waited till after the work was done and the expense incurred by the public.
2. The plaintiff has further slept on his rights, in thqt when he did appeal he did not docket his appeal at the first term of the Superior Court thereafter, in November, 1908. Appeals…
2Cases cited3 opinions
- Blair v. Coakley.Supreme Court of North Carolina · 1904
- Davenport v. GrissomSupreme Court of North Carolina · 1893
- McDowell v. Western North Carolina Insane AsylumSupreme Court of North Carolina · 1888
3Cited by1 opinion
- Summerell v. Chilean Nitrate Sales Corp.Supreme Court of North Carolina · 1940