Stevenson v. . Felton
Supreme Court of North Carolina
Appeal — Trial by Jury — Reference—Client and Attorney. Civil ACTION, tried before Shipp, J, at February Term, 1888, of Wilson Superior Court. In August, 1882, the plaintiffs were partners doing business in the City of Baltimore, and on the 23d of that month sold and delivered to the defendants Felton & Scarboro goods and merchandise to the amount of $518.05, which sum they promised to pay, but no part of which has been paid.
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Appeal — Trial by Jury — Reference—Client and Attorney. Civil ACTION, tried before Shipp, J, at February Term, 1888, of Wilson Superior Court. In August, 1882, the plaintiffs were partners doing business in the City of Baltimore, and on the 23d of that month sold and delivered to the defendants Felton & Scarboro goods and merchandise to the amount of $518.05, which sum they promised to pay, but no part of which has been paid. On the 21st of December, 1882, the defendants Felton & Scarboro made an assignment to the defendant Woodard of their entire stock of goods, &c., in trust to pay the…
1Opinion of the Court
Davis, J.,
(after stating the case). Section 420 of The Code provides that “ all or any of the issues in the action, whether of fact or of law, or both, may be referred upon the written consent of the parties, except in actions to annul a marriage or for divorce and separation.”
This action does not come within either of the exceptions. It was referred “ by consent ” in writing, signed by the counsel of plaintiffs and defendants, and there is nothing in the character of the action or of the issues involved to invalidate the reference. We are not aware of any case in which a reference under The…
2Cases cited7 opinions
- McEachern v. . KerchnerSupreme Court of North Carolina · 1884
- Morris v. . GrierSupreme Court of North Carolina · 1877
- Flemming v. . RobertsSupreme Court of North Carolina · 1877
- Perry v. . TupperSupreme Court of North Carolina · 1877
- White v. . UtleySupreme Court of North Carolina · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lumber Co. v. . Lumber Co.Supreme Court of North Carolina · 1905
- Deaver v. . JonesSupreme Court of North Carolina · 1894
- Deaver v. JonesSupreme Court of North Carolina · 1894
- White v. MorrisSupreme Court of North Carolina · 1890
- Coburn v. Roanoke Land and Timber CorporationSupreme Court of North Carolina · 1962
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