{
  "id": 8623974,
  "name": "JETER RAMSEY, Petitioner v. SOUTHERN RAILWAY COMPANY, Respondent",
  "name_abbreviation": "Ramsey v. Southern Railway Co.",
  "decision_date": "1960-10-19",
  "docket_number": "",
  "first_page": "230",
  "last_page": "230",
  "citations": [
    {
      "type": "official",
      "cite": "253 N.C. 230"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 154,
    "char_count": 2326,
    "ocr_confidence": 0.541,
    "pagerank": {
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    "sha256": "9a4477dc2f8f294567435dc48abf33fe51347bb92aea94d072c27700d04a224a",
    "simhash": "1:cffaebf1b44a85f6",
    "word_count": 366
  },
  "last_updated": "2023-07-14T21:02:38.064481+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "JETER RAMSEY, Petitioner v. SOUTHERN RAILWAY COMPANY, Respondent."
    ],
    "opinions": [
      {
        "text": "PER Cueiam.\nThe petitioner now contends that the respondent\u2019s appeal from the clerk\u2019s order confirming the award entitled both parties to a trial de novo in the superior court, and that his demand for a jury trial entitles him to have the jury pass on the issues of compensation. The answer is, the clerk, on petitioner\u2019s motion, entered judgment confirming the award. Only the respondent appealed. When the court, in its discretion, permitted the appeal to be withdrawn, the clerk\u2019s judgment became the final adjudication.\nAffirmed.",
        "type": "majority",
        "author": "PER Cueiam."
      }
    ],
    "attorneys": [
      "Elmore & Martin, By: Harry C. Martin, Don C. Young, for petitioner, appellant.",
      "W. T. Joyner, Jr., Ward & Bennett, for respondent, appellee."
    ],
    "corrections": "",
    "head_matter": "JETER RAMSEY, Petitioner v. SOUTHERN RAILWAY COMPANY, Respondent.\n(Filed 19 October, 1960.)\nCourts \u00a7 6: Eminent Domain \u00a7 9\u2014\nWhere order confirming the award of appraisers is entered by the clerk on petitioner\u2019s motion and only the respondent appeals, the court in its discretion may permit the respondent to withdraw the appeal, and petitioner may not thereafter contend that respondent\u2019s appeal entitled both parties to a trial de novo before a jury in the Superior Court.\nAppeal from Pless, J., August 1960 Regular Civil Term, Madison Superior Court.\nThis special proceeding was instituted before the clerk superior court by the petitioner to recover compensation for the taking of an\u2019 easement for railway purposes over petitioner\u2019s land. The respondent had the cause removed to the United States District Court. By consent it was remanded to the superior court. Appraisers were appointed, viewed the premises, and awarded the petitioner $3,000 as compensation.\nThe respondent filed exceptions to the award. The clerk overruled the exceptions and on September 30, 1958, rendered judgment affirming the award. The respondent excepted to the judgment and appealed to the superior court in term. On respondent\u2019s application the cause was again removed to the Federal court and on petitioner\u2019s motion again remanded to the Superior Court of Madison County. Oh August 12, 1960, the petitioner filed a demand for a jury trial.\nIn term, the respondent moved for permission to withdraw its appeal. The court, in its discretion, entered an order permitting the withdrawal, and ordered that the award \u201cstand as entered.\u201d The petitioner excepted and appealed.\nElmore & Martin, By: Harry C. Martin, Don C. Young, for petitioner, appellant.\nW. T. Joyner, Jr., Ward & Bennett, for respondent, appellee."
  },
  "file_name": "0230-01",
  "first_page_order": 270,
  "last_page_order": 270
}