Covington v. . Leak
Supreme Court of North Carolina
Appeal from a judgment rendered by Buxton, J., at Spring Term, 1872, of Richmond Superior Court. This was a special proceeding instituted by plaintiffs against the defendants, as executors of Mini Wall deed.
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Appeal from a judgment rendered by Buxton, J., at Spring Term, 1872, of Richmond Superior Court. This was a special proceeding instituted by plaintiffs against the defendants, as executors of Mini Wall deed. A reference was Lad and report made by the Clerk, exceptions were filed and passed upon, and an appeal taken to the Supreme Court at June Term, 1S7Í. At that Term the exceptions were debated am! the cause remanded, in order that matters connected with the first exception might be enquired into. In addition to the facts stated in the reported case, 65 N. C. R., the Judge found these…
1Opinion of the Court
Rodman, J.'
After the decision made in this Court at June Term, 1871, (65, N. C. 594.)' the Judge below referred it to the Clerk of his Court, to take testimony and report on the facts connected with exception No. 1. Whatever the referee did beyond this order was unauthorized, and was properly' disregarded by the Judge.
The only question, which we conceive to be presented by the present appeal, is, as to the charge against the executors of Mial AVall, of the amount of the judgment recovered by him as guardian of the infant plaintiffs against the administrator of John P. Covington, in Richmond…
2Cases cited2 opinions
- State Ex Rel. Whitford v. FoySupreme Court of North Carolina · 1871
- Covington Ex Rel. Covington v. LeakSupreme Court of North Carolina · 1871
3Cited by7 opinions
- State Ex Rel. Harris v. HarrisonSupreme Court of North Carolina · 1878
- Moore v. . EureSupreme Court of North Carolina · 1888
- Luton v. . WilcoxSupreme Court of North Carolina · 1880
- Duffie ex rel. Williams v. WilliamsSupreme Court of North Carolina · 1908
- Duffie v. . WilliamsSupreme Court of North Carolina · 1908
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