Holly Shelter Railroad v. Newton
Supreme Court of North Carolina
ActioN by tbe Holly Shelter Railroad Company against H. B. Newton, and others, heard by Judge ~W. R. Allen, at September Term, 1903, of the Superior Court of PeNdeb County. From an order remanding the proceedings to the Clerk to' proceed the defendant appealed.
1Opinion of the CourtClaek, C. J.
This was a proceeding begun before the Clerk under The Code, sections 1944 and 1946 to condemn a right of way for a railway. The defendants appealed to the Judge before the appointment of commissioners and the coming in of their report, the time at which an appeal in such cases is authorized by The Code, section 1946. The Judge remanded the case to be proceeded in as required by that section. Thereupon the defendants appealed to this Court. No appeal lay, as we have already held in this cause at this term, upon the defendant’s application for a writ of prohibition to prevent the Clerk from…
2Cases cited7 opinions
- Faison v. . WilliamsSupreme Court of North Carolina · 1897
- Chowan & Southern Railroad v. ParkerSupreme Court of North Carolina · 1890
- American Union Telegraph Co. v. Wilmington, Columbia & Augusta RailroadSupreme Court of North Carolina · 1880
- Hendrick v. Carolina Central RailroadSupreme Court of North Carolina · 1887
- Norfolk Southern Railroad v. . WarrenSupreme Court of North Carolina · 1885
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3Cited by23 opinions
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- Texas & N. O. R. v. SchoenfeldTexas Supreme Court · 1941
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