Legal Opinion

State Ex Rel . Lippard v. . Roseman

Supreme Court of North Carolina

Decided January 5, 1875PublishedCited by 6 opinions

Civil action upon the bond of defendant as administrator^ heard by Wilson, J., npou a motion to confirm the report of the referee, at Fall Term, 1874, of Rowan Superior Court.

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Civil action upon the bond of defendant as administrator^ heard by Wilson, J., npou a motion to confirm the report of the referee, at Fall Term, 1874, of Rowan Superior Court. The facts are stated in the report of the same case, at Jan-, nary Term, 70 N. C. Rep. 34. On the last trial in the Court below, the defendants having given notice to that effect, upon the affidavit by one of the counsel, moved the Court to amend the records, mmojpro tuno, so as to show that the order of reference heretofore made, was not by consent, but compulsory. This motion, the Court refused ; upon which the…

1Opinion of the CourtSettle, J.

The question of practice raised by the record, was decided when the case was first before the Court, 70 N. C. 34.

And the main question has been repeatedly decided by this Court, adversely to the views which are now passed upon the argument in behalf of the defendants. Cummings v. Mebane, 63 N. C. 315. Shipp v. Hettrick, Id. 329.

The defendant Roseman, sold nine slaves on the 11th of August, 1863, for Confederate money. If we admit that Confederate money was as good an investment as the slaves, which, however, is denied, as the hires of the slaves would have amounted to something, yet the…

2Cases cited2 opinions

  1. State Ex Rel . Cummings v. . MebaneSupreme Court of North Carolina · 1869
  2. State Ex Rel. Lippard v. RosemanSupreme Court of North Carolina · 1874

3Cited by6 opinions

  1. Keystone Driller Co. v. WorthSupreme Court of North Carolina · 1895
  2. Overby v. Fayetteville Building & Loan Ass'nSupreme Court of North Carolina · 1879
  3. Sheldon v. . KivettSupreme Court of North Carolina · 1892
  4. Dobson v. . ChambersSupreme Court of North Carolina · 1878
  5. State v. . WarrenSupreme Court of North Carolina · 1886

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