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SALE v. STATE HIGHWAY & PUBLIC WORKS COMMISSION

No. 95.

78 S.E.2d 724 (1953)

238 N.C. 599

SALE et al. v. STATE HIGHWAY & PUBLIC WORKS COMMISSION.

Supreme Court of North Carolina.

November 25, 1953.

Attorney(s) appearing for the Case

Uzzell & DuMont, Asheville, for petitioner-appellants.

R. Brookes Peters, Gen. Counsel, State Highway & Public Works Commission, Raleigh, Gudger, Elmore & Martin, Associate Counsel, Asheville, for respondent-appellant.

PARKER, Justice.

The Respondent's Appeal.

At the close of the petitioners' evidence —the respondent offered none—the respondent demurred to the jurisdiction of the court. The demurrer was denied. This is respondent's exception No. 90, and forms the basis of its assignment of error No. 29. The respondent then moved for judgment of nonsuit. This motion was denied, and is respondent's exception No. 92, forming its assignment of error No. 31.<...

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