Sale v. State Highway & Public Works Commission

78 S.E.2d 724 (1953)

238 N.C. 599

SALE et al.

v.

STATE HIGHWAY & PUBLIC WORKS COMMISSION.

No. 95.

Supreme Court of North Carolina.

November 25, 1953.

Uzzell & DuMont, Asheville, for petitioner-appellants.

R. Brookes Peters, Gen. Counsel, State Highway & Public Works Commission, Raleigh, Gudger, Elmore & Martin, Associate Counsel, Asheville, for respondent-appellant.

PARKER, Justice.

The Respondent's Appeal.

At the close of the petitioners' evidence —the respondent offered none—the respondent demurred to the jurisdiction of the court. The demurrer was denied. This is respondent's exception No. 90, and…