Pearce Brothers & Co. v. Elwell
Supreme Court of North Carolina
Application by Pearce Bros. & Co., Robeson & Co., and others against J. W. Elwell and others for the appointment of a-Receiver, heard before Bryan, J., at May Term, 1894, of RobesoN Superior Court. His Honor granted the application as to Elwell but refused it as to the other defendants, and plaintiffs appealed. The facts appear in the opinion of Associate Justice Purgues.
1Opinion of the Court
Fubokes, J.:
This is an application for a receiver, heard by Brown, J., from whose order plaintiffs appealed to this Court. The motion was heard upon plaintiff’s complaints, used as affidavits, the affidavit of W. H. Miller and the answer of J. "W. Elwell, used as an affidavit.
The Judge does not find the facts but simply renders his judgment, appointing a receiver as to Elwell and refusing to appoint a receiver for the other defendants. If his Honor had found the facts, this Court would have the right to review his finding. Coates v. Wilkes, 92 N. C., 376. And it certainly has the right to…
2Cases cited5 opinions
- Coates Bros. v. . WilkesSupreme Court of North Carolina · 1885
- Faison v. . HardySupreme Court of North Carolina · 1894
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- City National Bank v. BridgersSupreme Court of North Carolina · 1894
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