Legal Opinion

Warlick v. . Lowman

Supreme Court of North Carolina

Decided February 5, 1889PublishedCited by 18 opinions

PetitioN for a cart-way, tried, on appeal, before Armfield, J., at Spring Term, 1889, of Burke Superior Court. The plaintiff filed before the proper “ Board of Supervisors of Public Roads” his petition for a cart-way, whereof the following is a copy: “ To the Board of ¡Supervisors of Public Roads, &c.: “The undersigned respectfully petitions to said Board for the granting of a public cart way, leading from his dwelling and lands, and through the lands of Sarah Lowman, into…

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PetitioN for a cart-way, tried, on appeal, before Armfield, J., at Spring Term, 1889, of Burke Superior Court. The plaintiff filed before the proper “ Board of Supervisors of Public Roads” his petition for a cart-way, whereof the following is a copy: “ To the Board of ¡Supervisors of Public Roads, &c.: “The undersigned respectfully petitions to said Board for the granting of a public cart way, leading from his dwelling and lands, and through the lands of Sarah Lowman, into the public highway leading from the Newton road to Rutherford College, for the reasons herein set forth: that your…

1Opinion of the CourtMerrimon, J.

(after stating the'facts). The statute (The Code, § 2056) provides that, “ if any person be settled upon or cultivating any land, to which there is leading no public road, and it shall appear necessary, reasonable and just that ■such person should have a private way to a public road over the lands of other persons, he may file his petition before the Board of Supervisors of the township, praying for a •cart-way to be kept open across such other persons’ lands, leading to some public road, ferry, bridge or public landing, * * * and if sufficient reason be shown, shall •order the Constable to…

2Cases cited2 opinions

  1. Warner v. Western North Carolina RailroadSupreme Court of North Carolina · 1886
  2. State v. . PurifySupreme Court of North Carolina · 1882

3Cited by18 opinions

  1. Burwell v. . SneedSupreme Court of North Carolina · 1889
  2. Pritchard v. ScottSupreme Court of North Carolina · 1961
  3. State v. . HaynieSupreme Court of North Carolina · 1915
  4. Candler v. SluderSupreme Court of North Carolina · 1963
  5. Waldroup v. . FergusonSupreme Court of North Carolina · 1938

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