Legal Opinion

Carolina Central Railway Co. v. Love

Supreme Court of North Carolina

Decided June 5, 1879PublishedCited by 5 opinions

Application for an Order to appoint commissioners for the purpose of condemning land for the use of the plaintiff company, heard on appeal at Chambers in Lincolnton on the 11th of February, 1879, before Schenclc, J. This proceeding was begun by the service of a notice upon ■defendant that the plaintiff would apply to the cleric of the superior court of Gaston count}’' for the appointment of three commissioners to value t.wo acres of land, belonging to the ward of defendant,…

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Application for an Order to appoint commissioners for the purpose of condemning land for the use of the plaintiff company, heard on appeal at Chambers in Lincolnton on the 11th of February, 1879, before Schenclc, J. This proceeding was begun by the service of a notice upon ■defendant that the plaintiff would apply to the cleric of the superior court of Gaston count}’' for the appointment of three commissioners to value t.wo acres of land, belonging to the ward of defendant, lying on the west side of Catawba river and joining the right of way of the company, to be condemned for the use of the…

1Opinion of the CourtSmith, C. J.

The act of February 20th, 1873, under which “ The Carolina Central Railway Company” was incorporated and formed, provides in sections'9 and-10 for the condemnation and valuation of lands needed in the construction and operation of the road. Acts of 1872-73, ch. 75.

- The former section authorizes tile clerkof the. superior court of the county, wherein lands sought to be appropriated to the use of the road may lie, to appoint three commissioners to make such valuation, gives the right of appeal to the superior court, and directs, when the owner may be an infant, that notice be given to his…

2Cases cited1 opinion

  1. Carolina Central Railway Co. v. PhillipsSupreme Court of North Carolina · 1878

3Cited by5 opinions

  1. Bennett v. City of MarionSupreme Court of Iowa · 1898
  2. Yellowstone Park Railroad v. Bridger Coal Co.Montana Supreme Court · 1906
  3. Yadkin River Power Co. v. WisslerSupreme Court of North Carolina · 1912
  4. Richmond & Danville Railroad v. Durham & Northern Railway Co.Supreme Court of North Carolina · 1889
  5. R. R. v. . R. RSupreme Court of North Carolina · 1889

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