Holmes v. Bullock
Supreme Court of North Carolina
PROCEEDINGS for a cartway, tried before Stacy, J., and a jury, at March. Term, 1919, of Cumberland. This" is a proceeding commenced by petitioners before the board of supervisors of Elea Hill Township (Cumberland County), for a cartway starting at a point on the national highway and extending along the lines of lands of defendants to a place near tbe lands of 0. L. Holmes, one of tbe petitioners.
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PROCEEDINGS for a cartway, tried before Stacy, J., and a jury, at March. Term, 1919, of Cumberland. This" is a proceeding commenced by petitioners before the board of supervisors of Elea Hill Township (Cumberland County), for a cartway starting at a point on the national highway and extending along the lines of lands of defendants to a place near tbe lands of 0. L. Holmes, one of tbe petitioners. Tbe petition was filed alleging that it was a public necessity tbat such a cartway should exist, as tbe petitioners and others were in great need of a road on which to go to cbnrcb, to mills,…
1Opinion of the Court
"Walker, J.,
after stating the case: We need not consider the case upon its merits, as we are of the opinion that an error was committed in allowing an amendment, so as to convert the petition for a cartway into one for a public road or highway. The case came to the Superior Court, first, by appeal from the board of supervisors, which granted the cart-way, to the board of commissioners of the county, and from a like decision of that board to the Superior Court. The board of commissioners acquired only the jurisdiction of the supervisors, before whom the proceeding was begun, and the Superior…
2Cases cited4 opinions
- Robeson v. . HodgesSupreme Court of North Carolina · 1890
- Boyett v. . VaughanSupreme Court of North Carolina · 1881
- Ijames v. . McClamrochSupreme Court of North Carolina · 1885
- State v. Wiseman.Supreme Court of North Carolina · 1902
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