Supreme Court of North Carolina January 5, 1875 (Phifer v. . the Carolina Central Railroad Co.)

Settle, J.

This action must be dismissed.

The appeal taken by the defendant from the assessment of

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damages by the commissioners appointed in pursuance of the charter under which the defendant is acting, brought the whole ■case into the Superior Court, where the plaintiffs can have every right which they seek in this action adjudged and determined.