Maxwell v. . Maxwell
Supreme Court of North Carolina
This was a petition filed by plaintiff, as Administrator of John Maxwell, deceased, against the,heirs-at-law, to make real estate assets. Heard before Cloud, J., Spring Term, 1872, of the Superior Court of Davie. At Spring Term, 1871, this entry is made : “ Referred to Charles Price and E. F. Lunn, to take an account of the personal estate.” At Fall Term, 1871, the referees filed a report, to which exceptions were filed.
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This was a petition filed by plaintiff, as Administrator of John Maxwell, deceased, against the,heirs-at-law, to make real estate assets. Heard before Cloud, J., Spring Term, 1872, of the Superior Court of Davie. At Spring Term, 1871, this entry is made : “ Referred to Charles Price and E. F. Lunn, to take an account of the personal estate.” At Fall Term, 1871, the referees filed a report, to which exceptions were filed. The exceptions being beard, the report was set aside, and an order made that the referees report under former order to the next term of the Court. The referees agreed upon a…
1Opinion of the CourtRodmaN, J.
1. Wo are strongly inclined to think that the provision in sec. 247, C. C. P., .that if the referees fail to deliver a report within sixty days from the time the action shall be finally submitted, either party may end the reference, applies only to cases in which the reference is by consent, and not compulsory, under sec. 245 ; or at least, that it does not apply to a reference to take an administration account made by the order of the Court. This seems to be so from the words, “from the time the action shall be finally submitted,” and the further words, “ and thereupon the action shall…
2Cases cited1 opinion
- Heilig v. . FoardSupreme Court of North Carolina · 1870
3Cited by6 opinions
- Green v. . GreenSupreme Court of North Carolina · 1873
- State Ex Rel. Moseley v. JohnsonSupreme Court of North Carolina · 1907
- Wyman v. . TaylorSupreme Court of North Carolina · 1899
- Perkins v. Roberts CountySouth Dakota Supreme Court · 1911
- Maxwell v. . MaxwellSupreme Court of North Carolina · 1874
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