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· 4/14/1884

York County v. Fewell

Citations

  • 21 S.C. 106
  • 1884 S.C. LEXIS 78

Syllabus

<p>1. Where respondent consents in writing that the judgment of the Circuit Court shall he reformed, in the particulars complained of by the appellant, all is conceded that could be obtained by an appeal; and, therefore, the appeal will not be considered.</p> <p>2. Special commissioners appointed for the purpose having laid out a highway between two towns, the Board of County Commissioners assessed the damages sustained by the land owners, and on appeal to the Circuit Court, the amount of damagps was referred to a jury, on the testimony already taken. Held, that this was error, and that the proper mode of proceeding to obtain a condemnation of the right of way was that indicated in sections 1550 et seq. of General Statutes.1</p>

Judges: McIver

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