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24 N.C. 168

Piercy v. . Morris

Supreme Court of North Carolina

Decided December 5, 1841

Supreme Court of North Carolina · decided 1841-12-05

This is an appeal from the judgment of the' Superior Court of Cherokee County, his Honor Judge MANLY presiding. The plaintiff and others had petitioned the County Court of Cherokee to have a public road laid out. Notice was given as required by the Act of Assembly. The defendant and others appeared and opposed the prayer of the petition. The Court ordered a Jury, who made a report which was confirmed by the Court and the road directed to be laid off.

Decided 1841-12-05

Gaston, J.

¶1 The same points have been made before us as were raised in the Superior Court. In our opinion the exceptions urged against the regularity of the proceedings before the Jury and of the Jury,-ought to have been taken in the County Court, when the report was returned, by a motion to quash the proceedings. This does not appear to have been done, and after an appeal from the final judgment of that Court upon the merits of the dispute, the cause was to be heard and determined in the Superior Court upon the merits. This was done there, and we are bound to presume was rightfully done.

¶2 We see no sufficient cause to reverse the judgment of the Superior Court, and the appellant must payjthe costs of this appeal.

¶3 Per Curiam, Judgment accordingly.

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