State v. Suncrest Lumber Co.

Stacy, C. J.,

after stating the case: The amendments filed by the respondents to their original answer do no more than raise the question as to what constitutes “just compensation” for the lands condemned and for their taking. R. R. v. Mfg. Co., 169 N. C., 156, 85 S. E., 390; 2 Lewis Eminent Domain (3d ed.), 1153, et seq. They do not amount to cross-actions or counterclaims, and are not subject to demurrer. Indeed, it may be doubted as to whether it is permissible to set up a cross-action or counterclaim in a condemnation proceeding instituted by the State. C. S., 1716; Goldsboro v. Holmes,…