Welch v. Kearns
Supreme Court of North Carolina
Appeal by defendants from Gambill, J., regular Jun-e 10, 1963, Session, DavidsoN Superior Court. This proceeding was here at the Spring Term, 1963. The Court remanded with -direction that the Superior Court Judge fix the amount to be paid' to M. E. Gilliam, as Commissioner, for hiis services in the proceeding. In a de novo hearing, Judge Gambih found $5,500.00 to ■be reasonable compensation and ordered payment from the proceeds of the sale.
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Appeal by defendants from Gambill, J., regular Jun-e 10, 1963, Session, DavidsoN Superior Court. This proceeding was here at the Spring Term, 1963. The Court remanded with -direction that the Superior Court Judge fix the amount to be paid' to M. E. Gilliam, as Commissioner, for hiis services in the proceeding. In a de novo hearing, Judge Gambih found $5,500.00 to ■be reasonable compensation and ordered payment from the proceeds of the sale. The 'defendants Kearns and Green excepted 'and appealed.
1Opinion of the CourtHiggins, J.
The facts are fully set forth by 'the Chief Justice. See 259 N.C. 367. In the first instance -the Clerk Superior Court had awarded the Commissioner $7,000.00 for his services. On appeal, the Superior Court Judge concluded as a matter of law that commissions were governed 'by G.S. 28-170, could not exceed five per cent, and reduced the 'allowance to- $3,500.00. The Commissioner appealed.
This Court held that G.S. 1-408 — not G.S. 28-170 — controlled, and remanded the proceeding for trial de novo before the judge holding the Superior Court of Davidson County. That decision is the law of tire…
2Cases cited1 opinion
- Welch v. KearnsSupreme Court of North Carolina · 1963
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