Newton v. . Highway Commission

STACY, C.J., and ADAMS, J., concurring in part and dissenting in part. This was a civil action instituted in the Superior Court of Catawba County, in which the plaintiffs procured a temporary restraining order and injunction restraining and enjoining the defendant from constructing a proposed highway between Statesville and Newton. The plaintiffs also asked for a writ of mandamus to compel the defendant to construct a road, which the plaintiffs contend the defendant has heretofore adopted and selected as the road connecting Statesville and Newton. The cause came on for hearing upon the…