Keaton v. . Godfrey
Supreme Court of North Carolina
Appeal from Ward, J., Fall Term, 1909, of PeequimaNS. Civil action, tried upon an appeal by the defendant from the order of the county commissioners laying out public road across her lands. The defendant moved the court to dismiss the report of the jury and to refer the matter to the county commissioners to appoint a new jury to lay off road, for that one of the jury was one of the petitioners. Overruled, and defendant excepted.
Read the full summary
Appeal from Ward, J., Fall Term, 1909, of PeequimaNS. Civil action, tried upon an appeal by the defendant from the order of the county commissioners laying out public road across her lands. The defendant moved the court to dismiss the report of the jury and to refer the matter to the county commissioners to appoint a new jury to lay off road, for that one of the jury was one of the petitioners. Overruled, and defendant excepted. The defendant Godfrey then tendered an issue as to whether the proposed road was for the public good and convenience. The court, being of the opinion that the…
1Opinion of the CourtBeoww, J.
It has been ruled by this Court that an appeal lies generally from the final order of the county commissioners in a proceeding to lay off a road. When taken, it carries the whole proceeding to the Superior Court for trial de novo. Lamb v. Love, 109 N. C., 305. The proper time to appeal is when the commissioners have confirmed the report of the jurors who laid off the road and assessed damages. Sutphin v. Sparger, 150 N. C., 518.
The sheriff erred in selecting R. H. Welch, one of the petitioners, as one of the jurors to lay off the road and assess damages. When that fact was made known to the…
2Cases cited1 opinion
- Lambe v. . LoveSupreme Court of North Carolina · 1891
3Cited by1 opinion
- State Ex Rel. Board of Medical Examiners v. CarrollSupreme Court of North Carolina · 1927