Ferrell v. . Thompson
Supreme Court of North Carolina
This was a civil ACTION to recover a share in the proceeds of sale of slaves belonging to the distributees of John Mathews, deceased, the father of the feme plaintiff, made by the defendant as commissioner appointed by the Court to sell the same for partition, tried at September Term, 1890, of Nash Superior Court, before MacRae, J. It is alleged in the complaint, and admitted in the answer, that, at the November Term, 1862, of the late Court of Pleas and Quarter Sessions of…
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This was a civil ACTION to recover a share in the proceeds of sale of slaves belonging to the distributees of John Mathews, deceased, the father of the feme plaintiff, made by the defendant as commissioner appointed by the Court to sell the same for partition, tried at September Term, 1890, of Nash Superior Court, before MacRae, J. It is alleged in the complaint, and admitted in the answer, that, at the November Term, 1862, of the late Court of Pleas and Quarter Sessions of Nash County, an order was duly made, appointing the defendant commissioner to sell the slaves named in the complaint for…
1Opinion of the CourtDavis, J.
after stating the facts: It has been - often held, and is well settled, that the appellate jurisdiction of this Court in an action properly constituted in a Court of competent jurisdiction, so far as the pleadings, verdict and judgment are concerned, will be confined to such exceptions as are shown in the record to have been taken in the Court below. Phipps v. Pierce, 94 N. C., 514, and cases there cited..The evidence and his Honor’s charge are sent up, but the record presents no exceptions to either, and we need not consider whether objections, if properly taken below, might be successfully…
2Cases cited5 opinions
- Woodruff v. . BowlesSupreme Court of North Carolina · 1889
- Taylor v. . EatmanSupreme Court of North Carolina · 1885
- Headen v. . WomackSupreme Court of North Carolina · 1883
- Houck v. . AdamsSupreme Court of North Carolina · 1887
- Phipps v. . PierceSupreme Court of North Carolina · 1886
3Cited by2 opinions
- Foster v. HoltSupreme Court of North Carolina · 1953
- Fowler v. McLaughlin.Supreme Court of North Carolina · 1902