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Road Records 1902
Road Records 1902 Ke focpore hag beste] ROP "ganapae . a (re fa vn ae A) Orr? (i , Re ‘oO aT ih 5h lg ht OO ERE. ie oth Wrganaeyerte Sai AS SONE PP NRT eS APR ‘ sy. Sa ee hap.» ‘ Lr. aie ie aT eee te Bd rhe fax eatin + Coun Crretes om rendu’ oy KE PALE S Ah Ariversicaic as 4 ——— — , - meee vee | r Wg me i ‘ heed ht i .* sa ‘oy — ; ae ‘ add ! inh j Snail AR ; ‘ | i Wh os? ‘ x. < ‘ . : ~ RR fhe ‘ seas 3% : d 4 \ Bro o§ ~ a! ! . ty « -" / z s . 4 t ; i , ‘ ‘ : , . Sf j AY B. . . NM har e 8 m a . 7 ‘ heed. me a Sania! Phas as els sent Skil ibid a sn YY t-0- a. Kier a, xr. Gat wis oe aN rod oe ie + rood ate Ov ee r Wo ml - Ae pn hae ad ‘unl “tif ce Og se. -shiving Pratt a Ger ~ : —S ee hu Lo bY a ee bu i wit a, AA 6 O hi f aod duriony Y ence ey “he pod /peaeg mi hall dine hesdiul , Cup Kill, ), TVrakury Pe We. wotek, : nabg Aw Sr: beet Cu noty: “ee “4 alt YW WLLTE thalion An Awipely wegen oo & a ~*~ ll f Z ‘ eS + ‘7 4 “ : y S sf ; - . f "7 : : . : f ; 3 a ; - Oh ' , . : # i ‘ “ ¢ f > ; 4 ‘ y f a ae. " : ay d ‘ , cr ; ’ ’ 4 ova . ) a> ; 7 Ps , . : é ; } * , . <, _» . & * * P 4 ; ; Wty * Hh ; ~ Ss | | . ‘ " ' 4 a yd ‘ . P . a y Zs : 4 7 Z . > a : >.>» P - 1“ ‘ : ; ) é é : a tf Sd , < f iy ‘ 2 ; : 4 o sf : . ’ 4 . ; . a4 ag * é $<4 ; - P o~ F » * 5 . , rh ' : ; ; é -st ' ; ! ‘ o? : ) * ; } #7 Fs A , f c( : i734 i ; “¢ : “a ee ; , ‘ ’ , i , =—_ e 5 ™" , . 7 f . 4 i ’ ‘[" : ‘ ‘ v ¢ # | t p ; ; . . ee % \ ( : : fi >y/ 4 nh ee - . . . fe a je , ; ff é _—_ Oe hh . . : . f ” #% 4 ge* rs . _- oy f & a : ; s a é r : i: . ; a s> my : F s ; ’ 7 ? te? 4 NORTH, CAROLINA: ) [hects corgek TRE , ) ELL COUNTY, ) Superior Court, ae Ca fadg ) November Term, 1900. Ae , r Geo. H. Brown and others, Petitioners: Against en R. Ce Piott..- a aftfiiara nee only Plaintiffs, through their een o the at te dismiss the appeal in this ease and affirm the Judgment of the lower Court for the following reasons: 1. The case was heard and determined by the Board of County Commissioners on:the 7th day 6f May, 1900; and eon said day judgment was rendered in favor of the plaintiffs, petitioners, and against the G@efendant. _. 2. Defendant has not complied with the requirements of law in perfecting his appeal, and has failed and neglected te docket his appeal in the Superior Court until the 30th day of October, 1900, thereby depriving plaintiffs of their right te a speedy trial. S. That between the 7th day of May, 1900, when said judgment was rendered, and the 50th day of Octeber, 1900, there were twe ee of phe gPuperter Court fpr the trial of civil causes and ap- Te neh tn a fer “he County of Iredell; to wit., the May term A and Deldjen the Bist Gay ef May, 1900, and the 4. satvibien failed and neglected to docket his said appeal in the Superior Court at g@ither of said terms, as was his duty te do. WHEREFORE, plaintiffs move the Court that the appeal be Giemissed, the judgment of the Commissioners’ Court affirmed, and tint Judgment be entered against the defendant and the sureties on his bond for the costs of this appeal. ,AKTIIOAHAD HTROK <Ixsod srOlrequ® eYTHUOD TIF CREAT -O0@L ,areT stedmevol { *> 6s dy A : | ae ( ateritp bia nword .H ,0o00 Ms luff © * Gedanobseset ee Seer Ae tantaya with StoLT .O 8 OF IoD ents evo steanweo igus rigvenis eSS2 Satals ont To Saomphut ertt or bY irs eeno etry ok [aecqe edt eatmelh tanoaset piiwollot eit sO Iuiw00 sewol Yinwed to bracd et yd becteneteh hrs Bxacd aaw easo eT Sf tneambut vab Blea mo base (OOCL , ya TO veh 3° eit mo avenolteatomoS Janiags bum ,atonolsiseg ,attiintaly od Yo sovat at bevehnex saw -tnahoeteh edt wal to simemoriipes edt dilw beliqaeo jen aari jnabtoted 8 texo0b of Beltoelpen bne belltst sari baa ,leeggs els sek ssatues mt etedotoO to yab AtOE efit [line Irv0d reinequ® e3 at laeqys sind eLaint yvheeqe # of Siipin ites To attisntalg anivingeb ydeveris ,00el SnommPt bteae neriw ,20C@L , ya Ie yab ne? eft wsewted tan? F ows excw evreris ,O0CL ,redeto0 To yab d70% ett hoe berebroet saw ~qga bea eearas [tvio To [aint edd 1 soled ong to narve 3 ' aict ya eri? ,.tiw ot jilohbeaT to yi ent bnew ,OO@L ,vaM To yah talS orld mop bl etawgwA To yah i338 erid mo bier bra my [neqqa Diae ati texoob of besoelnen 6 tat tnbbaete > 2 0? yviub sic aaw ea ,asrres Bisa to “ei wed ~olneqsw® end alt - Ob ed fmeqqs ers tads sus00 ef? evom attlintalg ,FAOTRAFHV 3@i2 bee ,bemrlttea seuroD ‘atenoteaiomod esi? To Inempbcol edd ,beaslmelb elicit mo selterwe off bna tnahaoteb exit tentags hetetne ed Inemphut -lacqga airs te aseoo edt tot Brod — ae ee ee eee ee ee Se te _——_— mee -OTIIT vOT event IA eoelleqyA ‘ North Carolina, Superior Court, Tredell County. November Term, 1900, Geo. H. Brown and others, ) -Vs- ) Affidavit. R. C. Plott. ) James A. Hartness, Clerk of the Superior Court of Iredell County, being duly sworn, deposes and says: That neither the plaintiffs nor the defendant in the above en- titled action, nor any of their counsel, did, at or before the May Term, 1900, of this Court, to the knowledge, {nformatien, or belief of this affiant, have any agreement or understanding to continue the above entitled case. Said case was not on the docket at the May Term, and was not among those continued by agreement as mentioned in my former affidavit. This affiant did not state in his former affidavit, and did not intend that it should be inferred therefrom, that this case was contin- ued at said May Term. (/ A. Ha-plut2s i Subscribed and sworn to before me this 6 _—, 1900, ee ee a Geo. H. Brown and others, : , . Petitioners, In Superior Court, on appeal Ageinst ' from County Commissioners. R. C. Plott. * ASETIDAVI®. Personally appeared before me this day, W. W. Turner, who, after being duly sworn, deposes and says: That he was, on and before the 7th day of May, 1900, and still is, Register of Deeds of Iredell County, and ex-officio Clerk of the Board of County Commissioners of said County. That on the 7th day of May, 1900, the abeve entitled cause was heard before said Board of Commissioners and- judgment was rendered granting the prayer of said petitioners as to certain changes in the public road at and near Plotts’ Depot in said County, as will more fully appear by reference toe judgment in the case. Affiant further states that neither the defendant nor his counsel have ever made any request to him, or asked him to transfer the case and the papers therein to the Clerk of the Superior Coyrt until the 30th day of October, 1900; when the _ cone 3 se & case transferred requested him fer the first time to have the : 8 29 & a on appeal from the Commissioners to the clermtof;tne Superier “ » Court. Subscribed and swern to before me this Leny of Clerk Superier Court. / S/ frerr 1900. + “ <e%ornso bia mword oil «oot Iaeqgs mo ,tus0D ~otrequ?® at atororsite® eevenolaatrewo> ytormd mort | See faniaga ! a8 Pace ye IIOLT oD of ow .sernwT ov oY yynb sind om exroled bemeqqe yilanocetet favee Bra esac xeh rowa yIub yited esta bree {O00 pve to yeb rid ant eeotod Bra no ,eaw on tari? otottteo-xe Baa ,ysnsod LichenT 16 eabood To sesetyged ,at {[itits «¥srusoD Btae to atencke@elamos ysrusoD To bxsod ect To Atel eaimo Bbeliitime svoda ed? ,OOCL ,yaM To yeb As? els mo JacsiT saw treambut brim avtenotestiauod To Biacl Biae encled Siaed sav nitatyeo ot am etenotittog bise To seyaety ext ik enn here bre. 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Kv — ARK ok Li~e > ioe ok ts ole CO. « Nerd co eu \ > 1 To ty Zt €e “te Z Le a i Fat. ols oS _<¢ ?? a g, wy oC hoe * A — = Cc € Ax on & or A ntl at lati oo Sf ol ia oe + le J o— cf ffi ? = HEM a bm 62 s C Ader: brcf A <LLo~-r ~~ id Be parC. ont Perr 1 > spn | fitter tacos Bl, 1 a pw TA Gar tet si Mf Mae a oe. af fra toot ee tlt Ott lke EO GQ. HG eK ~ s ‘ A-ha Cc le ov A7 SE gett ‘Keno ae Ce o€ aay f . a ar dapt e at ofr aut "e heist, talech oe athihin wit, Cuan off. aus Teeties inne eo" Fh Hen po eo aw ZL: rt. kath oS a 2) ces or — Gorr2e ee — sigh Bu fe Cates eGe em fier KX vo hh peed. os CLE Me ae Wee ae ee hyp eck oe Gen Stemee « Cp. % Civil Subpeena.—Printed and for sale at the Ls ANDMARK Jon Or FIVE, Statesville, N.C; To THE SHERIFF OF.....”../ Dou are Bereby Commanded to Summon | hd, LO heervgpl tex ae thus Ceatig A alle $8 dig aunt Olona A biti Clin Wore ~ ersonally to appear b é Judge of Superior Court, at the next Court td4e beld for our said county at the Court House in - a BO ll on the a Monsey te Saat Monday in ’ Fie next, then and there to testify and thé truth to say in bebalf of ALR — fore said four! de LD as then_and there to be trigd, wherein aS . _—- ae. Se , Clerk of our said Court, at Office in Defendent ‘SPpu shall in no Ywise eee prescribed by law. BVOC , the Mondav after the Monday in Z ( = af | a ¢ Clerk Supérior Court for AL Lt County. oy m/f f Yo ]} ue. Ka ‘ti<vV Plaintiff Against Defendant SUBPEENA~~~Givil. ror nly thle BE Brcerorcl. ALM ie falll 7. laren seme '\L0 Chisel A la 44 Afirares bX baal +4Af (forte L¢ Th Jur Coen Leuk YO G2 Lorre To Term, 189 | thud) poor £2. 4$a/ | Wer A bon dy 190/ by 4 herrtinie rt tq - nbn 3 A DXEAWWVY C4 oh dy MN oie a _Civil _Subpeena, —FOR SALE BY THE MASCOT JOB OFFICK, STATESVILLE, N. C. STATE OF NORTH CAROLINA, Go the Sherif? of hee tees County-- Greeting: YOU ARE HEREBY COMMANDED TO SUMMON PAT > fewwaaete , poke: SP Mog. nr’, (Ckteltacte ) pe Yhake. Clark, Geen. KMyerg, Zé. Rea ed Masse Mecapoth, Ja rte Cece, Gare) boa Hacighs, WF. opel, Cat Ore 1D ivpes a a OL, WY ¥ ben personally to appear before the Judge of Superior Court, at the next Court to be held for our said county at ; / a the Court House in ff fate g2e Co 0 no a a AL une t Fo / on “7 7 4 “a apafterthre Monday xr rex, then and there to testify and the truth to say in behalf of ( t [> a4 Lffe ertay controversy before said Court depending, and then and there to be tried, wherein he Acws», ©. ofl Ane) . a4 Pini , and we © EP of , Defendant And this you shall in no wise omit, under the penalty prescribed by law WITNESS ~£Cx& Kh. * Lr ™ , Clerk of our said Court, at office in GoHiLe ttle , the Monday after the (0 @LL2d i TA fi, - L4-S/ A Lt Monday in Clerk Superior Court for County _ Civil Subpoena,—sor sare sy THE MASCOT JOB OFFICK, STATESVILLE, N. C. | STATE OF NORTH CAROLINA, Go the Sheriff of z Are / County--Sreeting: YOU A personally to appear before fhe Judge of Superior Court, at the next Court to be held for our said county at the Court House ym . = a — on the 7 aL i sndamatisstia 6 LAS sponta ff IL (Zax An. ) next, then and there to Livy and the truth to say in behalf of SOL Af of in a gertain controversy before said Court eg and then and there to be tried. wherein Qa. WR et fen Plaintiff _ , and ? / Cz. @ (PL ot ‘ an Defendant . And this you shall tye wiseomit, under the penalty prescribed by law. WITN ESS y . AL Zlou + va. ( >y , Clerk of our said Court, at office in . Dk , the Monday after the Monday in = IXY fer, > 389 KK), f > . G f CHA PLAALELL (/ . Clerk Superior Court for ye Cie <<. County ILL OE" 17 9 aT _—é— | ses 9 LEV VET jap pry | ‘eumdqng JIA) - Civil Subpoena, FOR SALE BY THE MASCOT JOB OFFICE, STATESVILLE, N. C. 2 SLATE OF NORTH CAROLINA, Lee County- -Sreeting: Go the Sheriff of YOU ARE HEREBY COMMANDED T0 SUMMON 3-2 personally to appear before fhe Judge of Superior Court, at the next Court toe held for our said county at the Court House in eee - “ ee on the < a - the ——————tonday in ——$————___ next, then and there to testify and the truth to say in behalf of ~ — in a certain controversy before said Court depending, and then and there to be tried, wherein OK. Ao —-t ool Ky — Plaintiff ——_s—«, and ; LE.- a fo Lalo es Defendant And this you shall in no wise omit, under the penalty prescribed by law. WITNESS __ ».Clerk of our said Court, at office in , the Monday after the a hang — (9 Ma“ Clerk Supertor Court for Monday in County ‘eUDIGNS JIAI) Se a a => auppua fog qsurvbp “* frguang _ Civil Subpoena, “HOR SALE BY GHE MASCOT JOB OFFICE, STATESVILLE, STATE O 7 NORTH'C CAROLINA, Go the ow of bearer Co ad 7 reet( ~ YOU ARE HEREBY COMMANDED TO SUMMON. $e. wg ltt LPR, personally to appear before fhe Judge of Superior Court, at the next Court to be held for our said county at the Court Houxe onthe after-the next, then and there to testify and the tr uth To 0 sayin behalf of in acertain controversy wy said Coyxrf depending, and then and there to be Ot ved, wherein Plaintiff _ , and ad RE. Rint Defendant And this you shall in no wise omit, under th » penalty prescribed by law WITNESS ahh oes ar” z the Sa crear ay f tc Clerk Superior Court jor < eA ta County eee TAI) wopuafaq I IW gy ep? "ON North Carolina, In the Superior Court. Iredell County. August Term, 1901. Geo. H- Brown, Wade Clark, Gus Byers, Jag Thomas, Manuel Hedspeth, James Eudy, Sid Waugh, W. Fe Pope, and Case on Appeal. others, plaintiffs, Vs . Re Ce. Plott, defendants. The plaintiffs-appellants case on appeal to the Supreme This was a civil action tried in Iredell Superior Court, August Term, 1901, before His Honor Coble, Judge, and ee jury. The plaintiffs petitioned the Board of Commissioners of Ire- dell County to make a change in the public road from the Brush Arbor to the depot on the South side of the railroad at Plotts Station on the Western North Carolina R. R-, also petitioned for a public road from said station North of the depot at or near a guano house, and for @ change in the same. All of the proposed change and location of the new road ran across the lands of the defendant, R- C. Plott. The same was heard by the Board of Commissioners of Iredell County on the 7th day of May, 1900, at their office in Statesville, North Carolina, and after hearing the same upon the petition and answer of the defendant the Board of Commissioners rendered the following judg@ment: (The Clerk will here copy said judggment. ) from which judgement the defendant appealed to the Superior Court, ( Pia charnfe tll Kane Coby othe when and where the same was heard as above set out. “OY wae ulin ofefusnl A affrol Bouwd Bins ZB Pail mppsok fr wa frrdprranecl Of Corres Ped Jae saee4 ag Many aphicon pmforg ~ The petition of the plaintiffs for said road and the changes £ on the samé was lost, but the substance of said petition is set out iy eer? to this case, which was signed by 125 citizens. . wai } “ answer to said petition is as follows: (The Clerk will here copy the answer of R. C. Plott). At November Term, 1900, the plaintiff-petitioners moved the Court to dismiss the defendant's appeal before His Honor, Bryan, Judge: ‘te Clerk will here copy said motion to dismiss appeal). ae Sa<ch w~ eet ont" s ob bay 4a ow ofp ax A012 Care — Mp ani ei reine to ie oe giin ndea ence seca fo findings of At August Term, 1901, of the Superior Court of Iredell County said case was heard by His Honor Coble, Judge, and jury with the follow © ing issues: (The Clerk will here copy the issues )Qnel. Une AmMautt<, The jury returned for their verdict their answer to said issuesas set out in the record. Upon the verdiot of the jury the Court rendered the following judgement: (The Clerk will here copy said judgement). From this judg@ment the plaintiff excepted and appealed in open Court to the Supreme Court of North Carolina, and assigned as Bond was fixed at $25.00. Notice of appeal waived. o 4 ¥ The.Clerk of the Court will send up the Angwer of the Defend- pant, the Judg@ment of the Board of Commissioners , Motion of the Plain- tiffs’ Counsel to Dismiss Defendant's Appeal,’ Th@ Findings of Facts ‘by Judge Bryan, and the Order of Juage Bryan, and the Issues at August , Term, the Judgfment .of, Coble, Judge, which shall fonstitute a1) and ycomplete transcript to tre ‘Supreme CourtYor North Carolina. oy al a ‘7 r a 4 J oa v vs sj 4 ; , ‘ - . ‘ ‘ oe ) ie : ‘ A pe 4 a fi Lit ¥ Sodan (Zz * ie LZ ro yt ys ies f ei : ADo4 rhe Q_ tA yi 4th _ oe QQ *@t14e4h Lt A_ f 2b ex fe f OO ey aw ; i eddy to es¥o ‘ pbs BOY) *zUepuerzTep ‘330Td *o *# ‘8a ‘squelTedde-sjyrqurerd ‘sreyjz0 pue *‘umorg *H +085 North Carolina; In the Superior Coutt. Iredell County. August Term 1901. Geo. H, Brown, Wade Clark et al .. Defendant's éase on Appeal to the Supreme Court tendered in lieu of that Re C. Piott. | | vs | I i | of the Appellants. This was a civil action tried in Iredell Superior Court at Aurust Term 1901 before His Honor, Coble, Judge, and a jury. The plaintiff petitionors filed a petition under Chapter 50 of the Code or Nortn Carolin And the amendments thereto askine for a ehance in-the public road on the South side of the Westorn North Carolina Railroad from. a point designated as brush arbor to Plott’s Station on said railroad and for a public road from saic station North of the railroad and for a Bhanfe in the sam The proposed shanges Of the road Yan aeross the lands of the defend:nt Plott. >» same wis heard On the %th day of'May 1900 by the Board of Commissioneds at their offic in Statesville, both plaintiff and defendant being representcod at said hearing, whereupon the Commissioners mace an order granting the ghanges -in the road as prayed for by the petitioners, from whieh ordor and judgement tne defendant appealed to tne Superior Court of ireaelli County. Notice of appeal waived in open court; appeal bond fixed at-$2800.00 Gollars and the same adjudged sufficient.” At November Term 1900 of said court plaintiff petitioners moved tho Court to dismiss the defendant's appeal before Bryan, Judge. (Here the’ Clerk will oopy plaintiff's motion to dismiss appeal made at the November Term 1900.) Upon hearing said motion His Honor found the following facts? (fhe Clerk will here copy finding of facts by“His’ Honor Bryan, Judge “at ‘the ‘Wovenber term 1900; 2d. oat Bron o ets Angust Term. 190% of. the. Superfor Court, of nate ig -A saia - ey @ause was tried by His. , Rone: tect JRABss. and a . Jury upon tnes on following tesues! aos titere the Clerk: wiii apy sia. faaise ana the nnawérp, tier ate). aha Supe. the: verdict the following judgment was. rendered: (Here the Clerk will copy the judguent.) TO{which judgment. the plaintiffs exeepted &nd appealed to the Supreme Court, assigning “the or following exceptions: : eo a Wo (Here the Clerk will eopy the exeeptions of the plaintiff a6 — as “upon said judgement.) . age : $ 5 “ ara . ; , 4. NOtice Of appeal Waived in open court. Bona fixed at $25 0b > alfa 1 fe . dollars and adjudged sufficient. (a & SL. 1 eter, bg Be Joye 1 te: aan spe WO © 3) eet aCe 4 tN Phe ‘af borne Se a * pao we r* vs = Ncrateakt Laat “ete ri sewn 2 enn pone + am ee ae, | a Neer EOE ne gaan RAO in - An, etn S eae Naha ROPE oe wusel page lear rn bead a, » er eee es eee bs Se “ pes es S ano © Paget oe ge YA Mee ees whl Sven waeiices Se Qpeernsermne eee Civil Subpoena. —FOR SALE BY THE MASCOT JOB OFFICK, STATESVILLE, N. C. STATE OF NOR TH CAROLINA, Go the Sheriff of Pe. Ce Gyunty- Sreeting: YOU ARE HEREBY COMMANDED TO summon Z (alll Tn ai personally to appear be fr gif ap ( wn SF atAhe capes to be held for oir said county at the Court House in on the L/ Monday def the i OO n next, then and there to testify and the truth to say in behalf of LL. ina "oe" W Uh rsy aa het fh said Court ohh nding, and then and there to be tried, wherein Plaintiff , and pe Defendant . And this yo shall in no wise omit, under the penalty prescribed by law. WITNESS , Clerk of our said Court, at office in Monday diye 7 Monday in La f]- can Clerk Superior Court for pe ae. Aan. County co He é we 2 EGE wmyvey ZF * 6g ‘may yp 2s a & aig pr 0 5 | pony “TNX ide ot TITU MUR ) uaa IAL) f z F > Z ~~~ Sf UA a St, gsuipbp STATE OF NOR’FH CAROLINA, Go the Sheriff of County~-Sreeting: % 2 YOU ARE HEREBY COMMANDED TO SUMMON ___. ote Civil Subpoena. FOR SALE BY THE MASCOT JOB OFFICK, STATESVILLE, N. C. . d \ \ ’ personally to appear before the Judge of Superior Court, at the next Court to be held for our sgid county at the Court House in Lhtkeentl Aa ho $- Aor, of Cliigat SEOL . on the A Monday G the ( , ; Monday nh A) f x next, then and there to testify and the truth to say in behalf of thificclt- in a certain controvergy before said Court depending, and then and there to betried, wherein . Loy Ke Jaemshs Shr. Plaintiff __—, and —__ Lb o Vit Defendant . And this you ghall in no wise omit, under the penalty prescribed by law. WITN ESS ; ANAL | , Clerk of our said Court, at office in Monday a / Monday in iy Z| ALA Clerk Superior Court for ‘ounty “agg ve074 ”COPPFE S HTK —jampuapr LIB Jywng North Carolina Commissioners Room Iredell County Long Island Cotton Mills, Augustus Byers and other petitioners. v6 R.C.Plott. I, W.W.Turner, Clerk to the Board of County Commissioners of Irdeal County do hereby certify that the following proceed- ings were had in the above entitled cause beffore the Commis-~ sioners of suid County; The petitioners filed their petition for achange of the pubibe Road at and near Plotts; the defendant filed his counter petir tion; the cause was heard by the Board at thei office on May 8th 1900, and certain changes were ordered in said road by said Board; the accompanying order was made at said time The defendant appealed to the Superior Court from the order granted; notice of appeal waived in open Court; Bond fixed at $200.00, bond filed way 15th 1900 All of which petitions and bonds, I her with send as the procecdings, exce}] hi stition - the change on the south side of the road ,which petition has been misplaced, being the petiti n asking for the change @#iid/fo'f)'¢ from the brush arbor at Kudys to Plotts Station. This petition I fail to find in the record. I overlooked sending up said ap4 peal until it was called to my attention just before the res ent term of this Court,to wit about Oct 30th 1900. ’ ete odie ee gee eee a Clerk to#the Board of Commiss1 ers I ‘N h ce lina* 3 Superior Court Inedell County, November Term, 1900, George H, Brown, Gus Byers, and others, Vs Re C. Platt. Upon hearing the attached notice to dismiss, the appealed in the above entitled action, the Court finds the following to be the facts, FIRST, oH. PrenK That this is an appeal from a-mwaber of commissioners of Iredell County from an order made by said Commissioners, May-'8, 1900, granting certain changes in the Public Read ever defendi- ant's land, as prayed by plaintiff petitioners, SECOND. That defendants prayed an appeal from said order as al. lowed by Section 2059 of the Code, to the Superior Court of Iredell Ceunty, notice of appeal given and waived in open Court, Appeal bend being fixed at $200.00, THIRD, That on May 15th, 1900, the defendants Phbied-abhsuerimped appeal bond in the sum ef $200.00 as required, and that defend ant’s attorneys, Gmeer & long, at the time of filling said bene Ti ein Od evm up agreeable therete, and were assured that it would be done, again called attentio pe Serene and asked that it be sort 2 th, : FOURTH. That the next term ef Iredell Superior Court after this appeal had been taken, commenced May 21st, 1900, That the practicing attorneys in said Court had agreed before hand that only one week would be held, ani enly certain Civil Gage sereed upon would stand for trig; at said time, 4 > mall other cases having been continued. That this case was , | eyes | | net one of the said cases for trial, but it was understood the parties that it would not be tried at said term of court, and neither side made any preparations te try, This said term ef Court lasted only three days. | FIYTH, That at the August term of Court when £& it was undier- | stood that said case would have regularly come up for sedate | and some days before the said term, the practicing attorneys ef said Court met to arrange the Civil Calendar, the attorneys for ies t ou wy at icy Gd Ree re Bipot of is case, os seeing that it Gould not be reach oareee to a contin » peoth sides believing that the case had been gt up and deeket~ ed agreeable to the defenients appeal, SIXTH, That about the 29th er 3 Oth ef October, just before this, the November term of Court, the attorneys of both sides met to have this case placed on the calendar for trial, when it was Giscovered for the first time, that the appeal had not been sent up and docketed, owing to the negligence of the Clerk of the Board ef Commissioners, That the defentent's Counsel went immediately to said Clerk ani caused him to send up said case and procure it to be docketed in this Court, That by reason ef the attorney for the ers agreeing to a continuance ath at the August Tern, 1900, by reason of the fagt that all oivd cases, except as above mentioned, including this, were by the attorneys of this Rar continused at the May term of Court, the od SE eg ae deferdent’s Counsel were misled the ~ gaia attorney used due dilligence te secure their appeal have the same ~ * | to wit: a term of a@aid Court beginning May 21st\_1900, and also a term beginning st 6th,_1900. been doc At November’ term, 1900, after defendant had dockéted his ap- peal, the counsel for plaintiff under Section 565 of the Code of Civil Procedure, had the case docketed for the special purpose of 2 Un ghee 04 Mh err Ub basing a motion thereon, and whereupon made the-fottoring-metten: (BEF SBpy pixintstte+ motion te atemtes, ete, ) The-Court—denied tire-mot tor amt-pirintiffe—exzceopte d. a _—— Judge Presiding. i . - oe f > ~ (i aaa O08T Sask et gitnniged turod Diad Yo ames @ tdiw of one! id? daiveai ai inntye d are 8 oret. dauasA Dias edd evoted ayab wet » tadt heoraa at 37 “19338 ,blelionA .€& .% bas ,tnabaeteh sot yonvosts ,sxetvO .% .H at easo Diaa of yitiales mottsarovnoo s bad ,atttintaly oT von ,iaehbneteh sot yeruvrotts ,seind .¢ .H to mottacyyre eft coge dotdw -08 OD OF boetgs HloftmA Htae .bemeitrosd ed ..03d..tngrvre- eano er? Tart wy 1 teegga ent tadd emi? tty NR APS ait Io “£ < sbotgqnook $d cash bad tnshroteb net 7 Sito 4388 molttstoel sehrur re thtooye ent ol betonooRs o@ eqns ivi fwello% esis eBbam moquete bh tiom 6 fesd to; ,eatmeth of morstom ‘altrt: -Dbetyeone ettitntslg bas noltto -yilbreenT « wb irl } | | 4 ‘| | } regularly docketed in this Court e Wherefore, his Honor, Judge Henry R. Bryan, in the exercise ef the discretion vested in PP) a by law, refused te grant the commiecien, ,or to dismiss the Writhenth. Pilitp vp pele ees. sem ordered that said case be palced on the trial decket of this Court, to the end that same might be tried pursuant to said appeal. , SE 7 KN. /2 oo Jog 7s i Fae a LP gshut etOnOH aid ,eroteredW .sus00 atrit at hetexXooh yinalirjet nt heteaev motterocath eit to eatorexe eft ni wnat .A une \ . . fatit eft no heolag ed easo bisa teist heiehio hina ginequs | eat aatmeth of 10, .nelestimmoe eft tnanry oF heastes wal vd mis XA ee ee . : A. ‘ | Het«t ef trntm omsae tars Ane sit oF gtd afrit ‘lo Jexooh 3 e | } ‘ 1 efaaicR %tsa 0 71s. 2°uSY , | North Carolina, In the Superior Court. Iredell County. August Term, 1901. Geo. H.- Brown, Gus Byers, Sid Waugh, J. T. Fudy, J. Thomas, W. H- Clarke, Manuel Hedspeth, and others, plain- Judgement. tiffs petitioners, v8. Re Ce. Plott, defendant. This cause coming on to be heard at this term, and the jury having found the issues as tothe road South Of Plotts depot in favor of the defendant; and having found the issues as to the road North of said depot in favor of the plaintiffs-petitioners; It is therefore considered and adjudged that the location of the road between the brush arbor and said depot, on the South side of the same, be and remain unc eg as it now ig; And that the | One frvenged ar —t “4 «faitéc road, running North of said ‘depot on the lands of the defendant, R.0. Plott be and the same is hereby declared a public Clbdety1; , And when the plaintiff-petitioners shall deposit with the Clerk of this Couft, within a reasonable time, not éxceeding six months, a sum sufficient to pay the fees of the -heriff and the jury the Clerk of this Court shallissue his writ to the Sheriff, commanding him to summon five good and lawful men as jurors, who shall be freeholders disinterested and not residents of the immediat inity; whioh jury after being mY t Read) ¥ duly sworn shall proceed tage ange em@icimmeep that part of said road on the hill immediately North of said depot by turning out of the road to the Me$t, at or near the top of said hill and circling around the pret Western slope of said hill, coming back into said,road ** or near the base of said hill. eae Sas woad ¥ an In, making Said change the jury shall have regard to the greatest advantage of the inhabitants and shall do as little preju- . + 2% a o ; eh y ft ¥ dice as may be to the lands of Re Ce Plott; and the jury shall assess the damages, if there ap lhnn. eoener > that defendant may sustain by reason of said change, and the jury shall perform all their duty in accordance with law. Upon the return of the jury's report the Clerk of this Court shall transmit the same to the Boara of County Commissioners, who shall take such further action, in accordance with law, and the Judgement of this Court, as they shall deem proper. It is further considered and adjudged that the plaintirf- petitioners pay their own costs; and that the defendant pay his own cost; and the costs which do not properly belong either to the plain- tiff or to the defendant up to and including this judgement and the fees for docketing and indexing the same shall be paid as follows: aj f Cro tity by plaintiffs and * = “Aetce uae t 1-5 2a 22 we Term, 1 J. / Unt iet NORTH CAROLINA. 7 eS cer Wo. 39 Y — D Sedill Couey. 2k @ in _ Aeldl cause came on to be argued upon the transcript of the record from the Superior Court of JUDGMENT. County :—upon consideration whereof, this Court is of opinion that there error in the record and proceedings of said Superior Court. It is oY f " heLe, the Court here, that the.opinion of the Court, as delivered by the Honorable ¢ A POEs Justice, be certified to the said Superior Court, to the intent that PF eT. 4x Grid. ae / ) And it is considered and adjudged further, that the fed ait Ah fay 7 the costs of the appeal in this Court incurred, to-wit, the sum of TMM. Fon dollars ($ /b- CO and let execution issue therefor. A True Copy: Clerk of the Supreme Court. }s ee fang tein, ‘1901. + 864, Iredell. Be, * ee x rapa oe & Aa ieen, Pe krnticia & Turner tor F Rowe iia tie * -d, ©. Caldwell and Grier & Long for appellees. . - wewreouesy, de on May the 8th., i900 the defendant apbiaied. rvolh an onder e s “nade. by the Board ‘ef Cofmissioners of Iredell County. granting certain a > tae in the public road over ‘the lands of the defendant, The appeal | eS Dona. was given on the 15th. inst. Semboring and filed with the clerk of wh - board by the defendant's attomeys with a request that the appeal and bond: » be gent; up by, him to the next term of the “Superior Court of Iredell, 4 ~ whieh would commerice on ‘the 2ist. of the same month and year. Wo further : vabtention was paid to thé appeal by the defendant's attorney until two “ ; ‘terms of the Superior Court had elapsed when it was discovered that the E appeal had not been docketed. It was then docketed and a motion by the ~ -. plaintitr to dismiss because it had not been docketed at the May term ~ the ee term next ensuing after the appeal was taken ~ was refused. It Was admit+* ~ ped by. thé counsél of the defendant that the:plaintift's motion should > hawe been allowed if the same.rvle as to the docketing of appeats from or=— . ~ ders of Boards of County Commissioners was applicable to appeals taken . ze ote the judgments of justices of the peace.’ But the contention was set up ~ thatthe judge of the Superior Court in term, had the disoretion, or rather - ~ the right, to make a rule ag to when appeals, from orders of the board of Pgs, Commissioners to the Superior Court should be docketed in that court _ Tt was argued for that contention that Section 2089 of The Code, which pre- vided for appéals from the boards of County Commissioners to the Superior “a z Courts, was silént as to what term in point of time of the Superior Courts © » the*wppeal shouldbe taken, and therefore that the qoddee of the Superior “Courts: might regulate that subject by miles of their own, Wé do not take ¢ | / that view ‘of the matter, The question of the jurisdiction of the Superior = * Gougt is not called in-question. If the appeal was properly taken and dodk « | hate’ then that court had jurisdiction of the suit; if the appeal was not * 2 pam docketed. then the Superior Court could not proceed. Under the ; sions of Section 2089 of The Code, in proceedings ‘like the: present ome ; my en i nase to appéal to the Superior Court at term ems tae, ¥ The |. se ‘ iscal F gonst ruction of ais words , “at the term tine", as pearing upon ee = proper time of docket ing the appeal, is a matter for the courts, “and in Soc sense involves the jurisdiction of the Superior Court in the proper sons. : “ot that term. And we think that the words “term time” in the statute moan. | “tthe nxt term of the'appellate court, Boeing vs. Railroad, 88 N. te 62; - © Ram vs. Latham, 87 N.C. 172. | | a * ‘We therefore think that -upon the facts of this ease there is. abowe é > ielear case of neglect.» F: akendawes . and the appeal ought to have been ae in*the - ‘court below upon the motion of the plaintiff. It is true that his honor, d 3 ‘*touna ‘as facts that at the May and August terms of the Superior Court there é were agreements on the part of the plaintiff's and defendant's counsel’ that — ‘the case should be continued, but his honor states further that both sides’ : believed the case had been docketed, The defendant's negligence in not 3 dooket ing the appeal was in no wise cansed by any agreement or conduct of othe plaintiff but was simply his own laches. The agreement. to; continue on the part ‘of the plaintirr was made under £hé belief that the defendant had ~~ docketed his appeal under the rules of law. There was no agreement that 7 ‘the laches: of the defendant should be overlooked or waived by the plaintifr oe : We find among the papers a motion by the defendant's scan Bre "fhe plaintiff's appeal on account of certain defects in the pei tion ee am to a failure to state a cause of action. 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Paver, apna op. | C_ae.rcre... | —— ee ap je mie tf fs he en ; SAainet _ Up Qt hee ig . ok. Rane. Oleg of se | et ie of Raruty pen Gente] | Ce 2h GE. 7 : a or ied i es ok 0 Hf ¢ Le hin Pe Pe * MER, bisa P Apri - Rew. reac. Cr. et | haus Atle Raced Ln ptt. afer ar rn | | RR bare of nce is 2 en (Lara op Me tain, eed pe e tie oe. Corot 14 | fuser iil facelh C4. f> La a aa Ae fifa se Sarda : | | [Set 8p -a 7 4h LL. ar K 2 S- ef oteer f Ff tee i f che cee gh Cannes FE ) chitin F (Y _ At. o<x.. os ia name ! Clete. a el oe af 4 1 ~ areiefi-nes Mecca ii Lt font £ Cobh | iy 44 ft. nae Y S P?.C_ (Beer Q4Am, Caress A hee | | virtu th av ruck, | “ad 6 ee hehe Pra 441124 ~ wv e J 3 xB 4 Ov’ ac wr y} a. North Carolina. In the Superior court. Tredell county. February term 1902. Georg? H. Brown and others. Versus. R.C. Plott. This cause comeing on to be heard at this term of the court before his Honor Thomas J. Shaw, Judge presiding, upon the certificate of the Supreme court of North Carolina, and being heard it is c-nsidered and adjudged by the court that the appeal of the defendant R.C. Plott from the judgment of the Board of Commissioners of Iredell county ordering the opening of the roads as prayed for ifi/the petition of the plaintiffs , be dismissed and thatr the judgment of the said Commissi-ners court be and the same is hereby affirmed. It is further considered and adjudged that the o costs of this action in the Superior court be taxed against the defendant R-C. Plott and the sureties on his appeal bond. f Commi deme 1 GNR hk» ae L J mS p- — SF oo 07 prorat _ 0 ee Judge presiding. ———— > Original soba as names therein... Docket... IN THE SUPERIOR cour County. PREY CNET. 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