Andrews v. . Beam
Supreme Court of North Carolina
This was a petition for the laying out and establishing a new road, brought by appeal of the petitioners from the order of the board of county commissioners of Rutherford county, and heard before Shipp, Judge, at the Fall Term, 1885, of the Superior Court of said county.
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This was a petition for the laying out and establishing a new road, brought by appeal of the petitioners from the order of the board of county commissioners of Rutherford county, and heard before Shipp, Judge, at the Fall Term, 1885, of the Superior Court of said county. In November, 1883, more than forty of the citizens, residing in Logan Store township, of Rutherford county, applied to the board of county commissioners by petition in writing, for an order to lay out and establish a public road between certain terminal points therein mentioned, some three miles in length, and over and along…
1Opinion of the Court
Smith, C. J.,
(after stating the facts).' ’It will be noticed, that the removal by appeal or otherwise to the Superior Court, authorized by the section referred to, 'Contemplates a trial by jury of any issue of fact which may arise and be come material to the action of the commissioners, and while-this is the primary object, it is equally manifest that any error in law committed by them in exercising the conferred power, may be inquired into and corrected in the Superior Court. The appeal given to this Court will, however, bring up for review only erroneous and specified rulings made by the…
2Cited by1 opinion
- McDowell v. Western North Carolina Insane AsylumSupreme Court of North Carolina · 1888