Keener v. Finger
Supreme Court of North Carolina
Civil actioN, tried before logan, The plaintiffs, as next of kin and distributees of one Michael Keener, brings this suit against the defendants, his administrators, for an account and settlement.
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Civil actioN, tried before logan, The plaintiffs, as next of kin and distributees of one Michael Keener, brings this suit against the defendants, his administrators, for an account and settlement. The complaint and answer are filed at Spring Term, 1870) at Fall Term, 1870, it is referred to the Clerk to take and account, who, after taking testimony, returns his report to Fall Term, 1871. At Spring Term, 1873, the plaintiffs file ten exceptions to the report of the Clerk, the second of which, being sustained by his Honor on the hearing, and being the only one considered in this Court, is fully…
1Dissent
RodMAN, J.,
(dissenting.) I dissent from so much of the opinion of the Court in this ease as decides that this Court has no right to review the opinion of the Judge below upon a question of fact made by the exceptions to the report. As I consider the question important I hope I shall be excused for an unusual prolixity.
The Constitution, art. IY, sec. 10, is as follows :
“Section 10. The Supreme Court shall have jurisdiction to review upon appeal any decision of the Court below, upen any matter of law or legal inference; hut no issue of faei shall be tried before this Court, and the Court shall…
2Cases cited3 opinions
- Heilig and Others v. . Stokes and PenningtonSupreme Court of North Carolina · 1869
- McAdoo v. . BenbowSupreme Court of North Carolina · 1869
- Greenlee v. . SudderthSupreme Court of North Carolina · 1871