Brackett v. . Gilliam
Supreme Court of North Carolina
Civil Actio N, beard upon appeal from Justice’s Court, before Siarbuclc, J., at Spring Term, 1898, of McDowell Superior Court, upon exception to report of the referee, by plaintiff.
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Civil Actio N, beard upon appeal from Justice’s Court, before Siarbuclc, J., at Spring Term, 1898, of McDowell Superior Court, upon exception to report of the referee, by plaintiff. The defendant filed no exceptions; the plaintiff abandoned, all except a single exception relating to a credit of $32.90, which, if allowed defendant, would overpay plaintiff’s account by $1.79, otherwise, defendant would be owing plaintiff $31.11. The referee reported that the evidence was so confused, and the accounts kept so unsatisfactorily, that it was impossible for him to ascertain all the facts, and that…
1Opinion of the CourtClaRK, J.
This ease was beard in the Superior Court upon exceptions to a referee’s report when all exceptions were abandoned except as to a credit of $32.90, which, if allowed defendant, would leave him discharged from indebtedness to the plaintiff. The referee held that the evidence was so conflicting and confused that he could not find how the fact was, and adjudged that, from the want of certainty, the plaintiff had .failed to malee out his case and could not recover.
The plaintiff’s fourth exception was as follows: “The failure of the referee to allow Exhibit 6 ($32.90), as a credit on the…
2Cases cited1 opinion
- Horner School v. . WescottSupreme Court of North Carolina · 1899
3Cited by5 opinions
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- Lance v. . RussellSupreme Court of North Carolina · 1911