Sheets v. Miller, 172 N.C. 362 (1916)

Nov. 1, 1916 · Supreme Court of North Carolina

172 N.C. 362

W. H. SHEETS et al. v. L. V. MILLER et al.

(Filed 1 November, 1916.)

For digest, see next preceding case of Dickson v. Perkins et al.

This was an action to restrain the defendants from laying out a public road in Ashe County, pursuant to chapter 400, Public-Local Laws 1915, also heard before Webb, J., at Spring Term, 1916, of Asiie.

There was a judgment dissolving the restraining order, and plaintiff excepted and appealed.

G. L. Parle, J. B. Gouncill, and G. B. Spicer for plaintiff.

Y. G. Bowie for defendant.

Hoice, J.

The questions presented on this appeal are the same considered and disposed of in the preceding case of Dickson v. Perkins.

For the reason stated in that opinion, the judgment dissolving the restraining order is affirmed and the action dismissed.

Dismissed.