Leak v. . Covington
Supreme Court of North Carolina
Civil action, heard upon exceptions to the report of a referee, by MaeBae, Judge, at December Term, 1885, of Richhond Superior Court. This is an action brought by creditors against the principal defendant, as executor of the will of William L. Covington, deceased. In the course of the action, an account was ordered to be taken. The referees took and stated an account, and made report thereof, to which the defendant filed numerous exceptions.
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Civil action, heard upon exceptions to the report of a referee, by MaeBae, Judge, at December Term, 1885, of Richhond Superior Court. This is an action brought by creditors against the principal defendant, as executor of the will of William L. Covington, deceased. In the course of the action, an account was ordered to be taken. The referees took and stated an account, and made report thereof, to which the defendant filed numerous exceptions. The Court heard the action in part, upon the report and exceptions, and entered an order, whereof the following is a copy: “The exceptions of the…
1Opinion of the CourtMerrimoN, J.
(after stating the facts). It is manifest that the order appealed from is interlocutory in its nature. It does not put an end to the action ; indeed, it is expressly stated that “ it is retained for the trial of the issues raised by the pleadings, and for further directions.” The account is incidental to other questions and matters yet to be settled in the further progress of the action.
It will not destroy or seriously impair any substantial right of the defendant involved in the order, to. postpone the correction of the errors assigned, if they are such, until after the final judgment, when…
2Cases cited3 opinions
- Arrington v. . ArringtonSupreme Court of North Carolina · 1884
- Lutz v. . ClineSupreme Court of North Carolina · 1883
- Hicks v. . GoochSupreme Court of North Carolina · 1885
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- Mills v. MooreSupreme Court of North Carolina · 1982
- Smith v. City of GoldsboroSupreme Court of North Carolina · 1897
- Johnson v. Pilot Life InsuranceSupreme Court of North Carolina · 1939
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