Sale v. State Highway & Public Works Commission

The RespoNdeNt’s Appeal.

Paekee, J.

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 forms the basis of its assignment of error No. 29. The respondent then moved for judgment of nonsuit. This motion was denied, and is respondent’s exception No. 92, forming its assignment of error No. 31.

The respondent had authority by virtue of G.S. 136-19 to acquire the right of way by purchase, as it did.

The purchase of this right of way vested in the…