R. R. v. . Bailey

Supreme Court of North Carolina

R. R. v. . Bailey

55 S.E. 778, 143 N.C. 380

DecidedDecember 18, 1906

StatusPublished

This text of 55 S.E. 778 (R. R. v. . Bailey) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

R. R. v. . Bailey, 55 S.E. 778, 143 N.C. 380 (N.C. 1906).

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Opinion

We think his Honor ruled correctly in dismissing the appeal as premature and properly remanded the cause to the Clerk to be proceeded with under the order appointing commissioners, which had been made by the Clerk in pursuance of the statute, Revisal, sec. 2580. In the case of R. R. v. Newton, 133 N.C. 132, it is decided that an order of the Superior Court in condemnation proceedings, remanding the cause to the Clerk that he may hear the same, is interlocutory and no appeal lies therefrom to the Supreme Court, though a plea in bar was filed by the defendant. That no appeal can be taken at such stage in condemnation proceedings, viz., when the Judge below remands the cause to the Clerk, has been repeatedly adjudged before the (381) case of R. R. v. Newton, Telegraph Co. v. R. R., 83 N.C. 420;R. R. v. R. R., 83 N.C. 499; R. R. v. Warren, 92 N.C. 622.

Appeal Dismissed. *Page 298

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We think his Honor ruled correctly in dismissing the appeal as premature and properly remanded the cause to the Clerk to be proceeded with under the order appointing commissioners, which had been made by the Clerk in pursuance of the statute, Revisal, sec. 2580. In the case of R. R. v. Newton, 133 N.C. 132, it is decided that an order of the Superior Court in condemnation proceedings, remanding the cause to the Clerk that he may hear the same, is interlocutory and no appeal lies therefrom to the Supreme Court, though a plea in bar was filed by the defendant. That no appeal can be taken at such stage in condemnation proceedings, viz., when the Judge below remands the cause to the Clerk, has been repeatedly adjudged before the (381) case of R. R. v. Newton, Telegraph Co. v. R. R., 83 N.C. 420;R. R. v. R. R., 83 N.C. 499; R. R. v. Warren, 92 N.C. 622.

Appeal Dismissed. *Page 298

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Bluebook (online)

55 S.E. 778, 143 N.C. 380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/r-r-v-bailey-nc-1906.

Opinion

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