White v. . Utley
Supreme Court of North Carolina
Civil Action tried at Spring Term, 1881, of Wake Superior Court, before Schenek, J. This action is instituted to recover judgment and enforce payment of two promissory notes, each in the sum of $300, which, with another in the sum of $400, bearing the same date and since taken up by the defendant, Norris, constitute the consideration of $1000, agreed to be paid for two separate tracts of land, were executed on May 20th, 1873, by the feme defendant Mary E. and her husband,…
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Civil Action tried at Spring Term, 1881, of Wake Superior Court, before Schenek, J. This action is instituted to recover judgment and enforce payment of two promissory notes, each in the sum of $300, which, with another in the sum of $400, bearing the same date and since taken up by the defendant, Norris, constitute the consideration of $1000, agreed to be paid for two separate tracts of land, were executed on May 20th, 1873, by the feme defendant Mary E. and her husband, William Utley, to the plaintiff, cashier of the State National Bank of Raleigh. On July 3rd following the defendant, John…
1Opinion of the Court
Smith, C. J.,
after stating the case. We interpret the successive orders of reference on the record of spring term, 1879, as intended to constitute a single reference, the second being .in effect but a change of referees, and thus far only modifying the provisions of the first. It seems to have been so recognised and acted upon as well by the referee as by the parties to the suit.
While under the Code the consent necessary to a reference (§ 244) must be in writing, the order declaring the consent and entered of record is a sufficient compliance with the statutory demand, and indeed the highest,…
2Cases cited2 opinions
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- Johnston v. . HaynesSupreme Court of North Carolina · 1873
3Cited by7 opinions
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- Stevenson v. . FeltonSupreme Court of North Carolina · 1888
- Patrick v. Richmond & Danville RailroadSupreme Court of North Carolina · 1888
- Smith v. . HicksSupreme Court of North Carolina · 1891
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