State Highway Commission v. Raleigh Farmers Market, Inc.
Cases that cite this one
1 later published case cites this decision.
- High Rock Lake Partners, LLC v. North Carolina Department of Transporation (N.C. Ct. App. 2011)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The opinion in this cause, filed January 29, 1965, is reported 263 N.C. 622, 139 S.E. 2d 904.
In apt time, plaintiff and Farmers filed a petition to rehear. Rehearing was requested because, in the opening paragraph of the opinion, it is said: “In substance, the action of the parties amounted to a waiver
An order which does nothing more than settle the issues is interlocutory. An appeal from such an order is premature. DeBruhl v. Highway Com., 241 N.C. 616, 86 S.E. 2d 200. The sentence containing the quoted language was inserted merely to show that the appeal should be considered as within the spirit, if not the letter, of G.S. 1-277. It was not intended to limit, nor has either party’s right to jury trial been impaired by what was said.
The conclusion heretofore reached is
Reaffirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.