Runnion v. . Ramsay
Supreme Court of North Carolina
Jurisdiction of the Supreme Court over Questions of Fact— Waiver. Civil ActioN, heard before Graven, Judge, at Spring Term, 1884, of the Superior Court of MadisON county.
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Jurisdiction of the Supreme Court over Questions of Fact— Waiver. Civil ActioN, heard before Graven, Judge, at Spring Term, 1884, of the Superior Court of MadisON county. This suit was brought to the Fall Term, 1867, of the late Court of Equity in and for the county of Madison ; it was pending at the time of the adoption of the present method of Code Procedure in this State; and as allowed by the statute (C. C. P., §406; The Code, §944), it was transferred to the Superior Court of that county, to be proceeded in and tried under the laws and rules of procedure, as these prevailed next before…
1Opinion of the CourtMerrimon, J.
(after stating the facts). This suit was begun in the late Court of Equity, and, regularly, it should have been “proceeded in, and tried under the existing laws and rules applicable thereto,” just before the act was passed authorizing its transfer to the Superior Court (C. C. P., §402). If that had been done, this Court would have authority to consider the evidence, review the findings of fact by the Court below, and reverse, change or modify them. But the parties chose to agree that the Judge who heard the cause “should hear the testimony and find the facts.” And the Court, consenting to,…
2Cases cited5 opinions
- Coates Bros. v. . WilkesSupreme Court of North Carolina · 1885
- Wessell v. . RathjohnSupreme Court of North Carolina · 1883
- Leggett v. . LeggettSupreme Court of North Carolina · 1883
- Worthy v. . ShieldsSupreme Court of North Carolina · 1884
- Falkner v. . HuntSupreme Court of North Carolina · 1873
3Cited by3 opinions
- United States Consol. Seeded Raisin Co. v. Chaddock & Co.Court of Appeals for the Ninth Circuit · 1909
- Gatewood v. . BurnsSupreme Court of North Carolina · 1888
- Cowell v. GregorySupreme Court of North Carolina · 1902