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REDEVELOPMENT COM'N OF GREENVILLE v. CAPEHART

Nos. 116, 117.

150 S.E.2d 62 (1966)

268 N.C. 114

REDEVELOPMENT COMMISSION OF the CITY OF GREENVILLE, Petitioner, v. Amelia S. CAPEHART, Marjorie Capehart St. Cyr and husband, John Doe St. Cyr, County of Pitt, North Carolina, and City of Greenville, North Carolina.

Supreme Court of North Carolina.

September 21, 1966.

Attorney(s) appearing for the Case

Kenneth G. Hite, H. Horton Rountree, Greenville, for petitioner appellee.

Sam B. Underwood, Jr., Greenville, for defendants appellants.

PLESS, Justice.

In Abernathy v. South & W. R. Co., 150 N.C. 97, 63 S.E. 180, Connor, J., speaking for the Court, said: "While in other special proceedings when an issue of fact is raised upon the pleadings it is transferred to the civil docket for trial, in condemnation proceedings the questions of law and fact are passed upon by the clerk, to whose rulings exceptions are noted, and no appeal lies until the final report...

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