Ashcraft v. . Lee
Supreme Court of North Carolina
PetitioN to Rebear, filed at January Term and beard at June Term, 1879, of The Supreme Court. Tbis was originally a petition to discontinue a public road, heard at spring term, 1878, of Stanly superior court, before Moore, J., (see 79 N. C., 34) and the plaintiffs in tbeir application to rehear state that the cause was commenced before the township board of trustees, taken by appeal to the county commissioners, thence to the superior and supreme courts, when in the latter…
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PetitioN to Rebear, filed at January Term and beard at June Term, 1879, of The Supreme Court. Tbis was originally a petition to discontinue a public road, heard at spring term, 1878, of Stanly superior court, before Moore, J., (see 79 N. C., 34) and the plaintiffs in tbeir application to rehear state that the cause was commenced before the township board of trustees, taken by appeal to the county commissioners, thence to the superior and supreme courts, when in the latter court the appeal was dismissed. The petitioners allege error, in that, the court say “there is no authority whatever for…
1Opinion of the CourtSmith, C. J.
When the decision of this case dismissing the appeal for want of jurisdiction was rendered at June Term, 1878, our attention was not called in the argument to the amendatory act of January 29th, 1873, and not being-brought forward in Battlers Revisal, it was overlooked by the court. The previous act of April 10th, 1869, (Acts of 1868-’69, ch. 185, § 14) in express terms confers upon the board of township trustees authority “to lay out, alter, repair or discontinue highways,” and the amendment provides that in all cases where the authority is exercised, “ either party may appeal from the…
2Cases cited1 opinion
- Ashcraft v. . LeeSupreme Court of North Carolina · 1878
3Cited by2 opinions
- Lilly v. . WestSupreme Court of North Carolina · 1887
- Robinson v. . LambSupreme Court of North Carolina · 1900