Brooks v. . Morgan
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Union .county, at the Fall Term, 1844, his Honor Judge Manly presiding. The present defendant, Morgan, filed his petition in the County Court of Union county, at July Term, 1843, setting forth that he owned a tract of land lying on Rocky River, in the county .of Stanly, and also a quarter of an acre on the opposite side of the river, and situate in Union county, and that, except the said quarter of an acre, the present plaintiff,…
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Appeal from the Superior Court of Law of Union .county, at the Fall Term, 1844, his Honor Judge Manly presiding. The present defendant, Morgan, filed his petition in the County Court of Union county, at July Term, 1843, setting forth that he owned a tract of land lying on Rocky River, in the county .of Stanly, and also a quarter of an acre on the opposite side of the river, and situate in Union county, and that, except the said quarter of an acre, the present plaintiff, Brooks, was the proprietor of the land lying on the river in Union and opposite to the land of Morgan, situate in Stanly, as…
1Opinion of the CourtRuffin, C. J.
The Court is of opinion, the decision was right. We, agree, that no appeal lies in such a case for the purpose of a re-hearing in the Superior Court, but that the decision upon the facts by the County Court and freeholders is final. It was undoubtedly so under the act of 1777, ch. 122, which gave this peculiar proceeding, and which is silent as to allowing an appeal; and the general provisions for appeals in the act of that year, ch. 115, sec. 75 and 77, we have held, do not apply to summary and peculiar proceedings, not according to the course of the common law, but prescribed by statute…
2Cited by7 opinions
- State v. . MooreSupreme Court of North Carolina · 1936
- State v. MooreSupreme Court of North Carolina · 1936
- Russ v. Board of Education of Brunswick CountySupreme Court of North Carolina · 1950
- Porter v. ArmstrongSupreme Court of North Carolina · 1904
- Biggs, Ex Parte.Supreme Court of North Carolina · 1870
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