Worthington v. . Coward

Citations

• 19 S.E. 154
• 114 N.C. 289

Syllabus

<p>Drainage of Lowlands — Report of 'Commissioners — Power of Cleric to Hear Testimony or Re-refer to Commissioners — Discretion of Judge.</p> <p>1. Chapter 25.'!, Acts of 1889, concerning the drainage of lowlands, does not expressly repeal section 1298 of The Code providing for the duty of commissioners, but leaves in operation such of the provisions as are not repugnant to such Act of 1889.</p> <p>2. Upon the hearing of the report of commissioners appointed to lay off a ditch for draining lowlands it was error in the Clerk to refuse to hear witnesses offered by parties excepting to the report, on the ground that he could not legally do so.</p> <p>3. On appeal from the judgment of the Clerk upon the report of commissioners appointed to lay off ditch for drainage of lowlands the Judge could set aside the report either for cause or in his discretion, if, in his opinion, the ends of justice could be subserved by that course.</p>