Barcroft & Co. v. Roberts & Co.
Supreme Court of North Carolina
Civil Action, tried upon exceptions to a referee’s report, at Fall Term, 1884, of Buncombe Superior Court, before Graves, J. ■ The action was brought on the 21st of October, 1878, to recover the sum of $390.95 due on account for goods sold by the plaintiffs to the defendants on the 17th of January, 1870, payable in sixty days from the date of the purchase, and at fall term, 1878, the defendants in their answer alleged payment in full.
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Civil Action, tried upon exceptions to a referee’s report, at Fall Term, 1884, of Buncombe Superior Court, before Graves, J. ■ The action was brought on the 21st of October, 1878, to recover the sum of $390.95 due on account for goods sold by the plaintiffs to the defendants on the 17th of January, 1870, payable in sixty days from the date of the purchase, and at fall term, 1878, the defendants in their answer alleged payment in full. At spring term, 1880, the defendants by leave of court filed an amended answer, in which they set up that more than three years had elapsed since the cause of…
1Opinion of the CourtAshe, J.
The reference to Surnmey was a reference under The Code, and it was the duty of the referee to report the evidence, his findings of fact and his conclusions of law. And it was then the duty of the judge, upon exceptions filed by the defendants in this case, to review the findings of the referee upon the facts and law. The judge should then find the facts himself upon the evidence, and his conclusions of law upon his findings. His findings of fact, upon appeal to this court, are conclusive; and his conclusions of'law upon them are alonereviewable. Green v. Castlebury, 70 N. C., 20.
But where…
2Cases cited3 opinions
- Haymore v. Commissioners of YadkinSupreme Court of North Carolina · 1881
- Daniel v. . Commissioners of EdgecombeSupreme Court of North Carolina · 1876
- Green v. CastleburySupreme Court of North Carolina · 1874
3Cited by21 opinions
- Battle v. MayoSupreme Court of North Carolina · 1889
- State Loan & Trust Co. v. CochranCalifornia Supreme Court · 1900
- Bridges v. StephensSupreme Court of Missouri · 1896
- Klass v. City of DetroitMichigan Supreme Court · 1901
- Morisey v. . SwinsonSupreme Court of North Carolina · 1889
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