Battery Park Bank v. Western Carolina Bank
Supreme Court of North Carolina
Civil AotioN in nature oí creditor’s bill, beard upon -exceptions by defendants to partial report of referees in relation to commissions and allowances, by Bowman, J., at Chambers in Asheville, December 31, 1898, in suit pending in BuNcokbe Superior Court. His Honor overruled the exceptions, and defendants appealed. The exceptions are stated and discussed in the- opinion.
1Opinion of the CourtMontgomery, J.
A report (not final) .was returned on the 27th of August, 1898, by George H. Smathers, receiver of defendant bank, to the Superior Court of Buncombe County, and the same was confirmed by his Honor Judge Bowman. Numerous exceptions were filed by the plaintiffs, who are creditors of defendant bank, to the commissions and charges allowed to the receiver, Smathers, and to his former co-receiver, L. P. McLoud. The exceptions were overruled, and the plaintiffs appealed.
Our first impression in respect to tire appeal was that it was fragmentary, and therefore premature, regarding, as we did, the…
2Cases cited6 opinions
- Trustees v. GreenoughSupreme Court of the United States · 1882
- Hovey v. McDonaldSupreme Court of the United States · 1883
- Williams v. MorganSupreme Court of the United States · 1884
- Peyton v. SmithSupreme Court of North Carolina · 1839
- Potter v. . StoneSupreme Court of North Carolina · 1822
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3Cited by15 opinions
- Thigpen v. Farmers Banking & Trust Co.Supreme Court of North Carolina · 1932
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- People ex rel. Russel v. Illinois State Bank of CreteIllinois Supreme Court · 1924
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