Holly Shelter Railroad v. Newton

ClaR.ic, O. J.

This is an application by tbe defendants for a writ of prohibition upon tbe following state of facts: Tbe plaintiff, on tbe face of tbe papers, a duly incorporated railroad company, on 7th July, 1903, filed a petition before tbe Clerk of tbe Superior Court of Pender County for condemnation of a right of way over tbe defendants’ land. On the 22d July, 1903, tbe defendants appeared before tbe Clerk and objecting specially to the sufficiency of service of summons upon one of tbe defendants, filed an answer raising, as they claim, issues of fact, and asked that tbe cause be…