State v. . Haynie
Supreme Court of North Carolina
Appeal by defendant from Cline, J., at September Term, 1914, of MADISON. Indictment for obstructing a way. It requires only a consideration of tbe following facts, which appear in the record, to understand the questions presented. We give here a statement of them which, we think, presents the case fully and fairly. This was a criminal action brought by the State at the instance of I). P. Miles, prosecutor, against the defendant R. H. Haynie.
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Appeal by defendant from Cline, J., at September Term, 1914, of MADISON. Indictment for obstructing a way. It requires only a consideration of tbe following facts, which appear in the record, to understand the questions presented. We give here a statement of them which, we think, presents the case fully and fairly. This was a criminal action brought by the State at the instance of I). P. Miles, prosecutor, against the defendant R. H. Haynie. The defendant was first tried, in the recorder’s court of Madison County, upon a warrant issued by that court, for an alleged violation of chapter 40,…
1Opinion of the Court
"WalKer, J.,
after stating tbe ease: This statement of tbe facts shows tbat what is termed in tbe case a cartway was only a private way over tbe lands of C. A. Nichols remaining after be bad sold tbe other tract to D. P. Miles, and its use, or the private easement over it, was restricted to him. Besides, there was no certain or definite description of tbe way, and Miles, or tbe persons who lived with him on bis land, members of bis family or tenants, used to go in almost any direction over tbe Haynie land. This surely is not sufficient proof of a right of way, and much less of a cartway, and…
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