Legal Opinion

McCampbell v. McClung

Supreme Court of North Carolina

Decided June 15, 1876PublishedCited by 4 opinions

This was a Civil Action, tried before his Honor Judge Cannon, at Fall Term, 1875, of the Superior Court of Haywood County, upon exceptions by plaintiff to the report of referees, to whom it had been referred to take certain accounts. The plaintiff brought the action for an account and settlement of the partnership matters of the firm composed of plaintiff and the defendants McClung and J. C. Deaderick, and further alleging that the defendant R.Y.

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This was a Civil Action, tried before his Honor Judge Cannon, at Fall Term, 1875, of the Superior Court of Haywood County, upon exceptions by plaintiff to the report of referees, to whom it had been referred to take certain accounts. The plaintiff brought the action for an account and settlement of the partnership matters of the firm composed of plaintiff and the defendants McClung and J. C. Deaderick, and further alleging that the defendant R.Y. Deaderick was indebted to the firm. It is unnecessary, for the understanding of the opinion of the court, to set out all the facts in full. The…

1Opinion of the CourtRodman, J.

The exceptions to the report for vagueness and uncertainty must be sustained. The parties are entitled, from the referee, to a statement of all the items of the account between them, in order that either may, if he thinks proper, except to any particular item.

*395Exception to the report for vagueness sustained. Judgment below reversed. Case remanded to be proceeded in, &c. Let this opinion be certified. The plaintiff will recover costs in this court.

Per CuriaM. Judgment reversed.

2Cited by4 opinions

  1. Gore v. . LewisSupreme Court of North Carolina · 1891
  2. State Ex Rel. Commissioners of Wake v. MagninSupreme Court of North Carolina · 1881
  3. Sharpe v. . EliasonSupreme Court of North Carolina · 1895
  4. McElroy v. WhitneyIdaho Supreme Court · 1906

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