McNeill v. . Hodges
Supreme Court of North Carolina
Appeal from the ruling of Gilmer, J., at May Term, 1889, of CumberlaND Superior Court. The following is the statement of the case on appeal: “ This was a special proceeding, begun before the Clerk of the Superior Court of Cumberland County more than ten years since, calling the deft ndant Hodges, guardian, to an account and settlement with his wards, the plaintiffs above named.
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Appeal from the ruling of Gilmer, J., at May Term, 1889, of CumberlaND Superior Court. The following is the statement of the case on appeal: “ This was a special proceeding, begun before the Clerk of the Superior Court of Cumberland County more than ten years since, calling the deft ndant Hodges, guardian, to an account and settlement with his wards, the plaintiffs above named. The guardian accounts of the defendant have been stated four times, and opportunity given each time for the parties to except to the same. The cause coming on to be heard before Gilmer, J., at May Term, 1889, the…
1Opinion of the Court
Claek, J.:
“It is a well-settled rule,” say the Court in State v. Peebles, 67 N. C., 97, “ that exceptions to such reports must be made as a matter of right at the Court to which the report is made.” After that term, if judgment be not entered thereat, it is a matter of discretion with the Court to allow exceptions to be filed, and from the exercise of such discretion no appeal lies. This ruling is recognized and sustained in University v. Lassiter, 83 N. C., 38; Commissioners v. Magnin, 85 N. C., 114; Long v. Logan, 86 N. C., 535.
The January Term of Cumberland Superior Court, to which the…
2Cases cited13 opinions
- Knight v. . HoughtallingSupreme Court of North Carolina · 1881
- Governor Ex. Rel. Trustees of University of N. C. v. LassiterSupreme Court of North Carolina · 1880
- Jones v. . MialSupreme Court of North Carolina · 1880
- Dunn v. . Barnes, Adm'rSupreme Court of North Carolina · 1875
- Hare v. . JerniganSupreme Court of North Carolina · 1877
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3Cited by26 opinions
- Davis v. Industrial Manufacturing Co.Supreme Court of North Carolina · 1894
- State v. . AdamsSupreme Court of North Carolina · 1894
- Griggs v. . York-Shipley, Inc.Supreme Court of North Carolina · 1948
- Silver v. . SilverSupreme Court of North Carolina · 1941
- Miller v. . GroomeSupreme Court of North Carolina · 1891
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