Singer Manufacturing Co. v. Williamson
Supreme Court of North Carolina
Civil ACTION, heard before Gilmer, J., at November Term, 1887, of the Superior Court of Forsyth County. The facts sufficiently appear in .the opinion. In the course of the action, the Court directed a compulsory reference, to take and state an account, &c.
Read the full summary
Civil ACTION, heard before Gilmer, J., at November Term, 1887, of the Superior Court of Forsyth County. The facts sufficiently appear in .the opinion. In the course of the action, the Court directed a compulsory reference, to take and state an account, &c. The referee, while proceeding in some respects to act upon the matters referred to him, declined to pass upon the question of the liability of the defendant, in a certain respect specified by him, and as to this he recommended the submission of an issue to a jury. Thereupon, the Court directed that the case be re-referred to a second…
1Opinion of the CourtMerrimoN, J.
The report complained of, was not void, and on that account it was necessary to recommit it; on the contrary, it efficiently served the purpose of the reference, and was sufficient in the absence of objection taken to it, by exception, in apt time. When the objection, in a case like this, is, that the evidence is not reported, or the facts are not specifically found, the objection must be taken by exception, in which the ground of it must be set out with reasonable certainty, so that the opposing party can have just opportunity to controvert it, and the Court can see what the objection is —…
2Cases cited3 opinions
- Governor Ex. Rel. Trustees of University of N. C. v. LassiterSupreme Court of North Carolina · 1880
- State Ex Rel. Cox v. PeeblesSupreme Court of North Carolina · 1872
- Long v. . LoganSupreme Court of North Carolina · 1882
3Cited by2 opinions
- Coleman v. . McCulloughSupreme Court of North Carolina · 1925
- Coleman v. . McCulloughSupreme Court of North Carolina · 1925