Simpson v. Lee
Court of Appeals of North Carolina
Appeal by plaintiffs from Kivett, Judge. Judgment entered on 12 November 1974 in Superior Court, Anson County. Heard in the Court of Appeals 9 June 1975. In his answer to the processioning petition the defendants allege that the dividing line between the lands of the parties has been established and counterclaimed to recover for destruction of crops and timber.
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Appeal by plaintiffs from Kivett, Judge. Judgment entered on 12 November 1974 in Superior Court, Anson County. Heard in the Court of Appeals 9 June 1975. In his answer to the processioning petition the defendants allege that the dividing line between the lands of the parties has been established and counterclaimed to recover for destruction of crops and timber. The Clerk transferred the case to the Superior Court and a referee was subsequently appointed with instructions that he file his report by 11 September 1972. This deadline was later extended to 1 December 1972. The referee thereafter…
1Opinion of the Court
CLARK, Judge.
[1] Plaintiffs contest the validity of the referee’s report on the grounds that under the court orders the referee had no authority to hold hearings and issue a report after 1 December 1972. As the record reveals, however, plaintiffs participated in six separate hearings after the deadline for filing the referee’s report had passed. In some of the hearings plaintiffs actually testified, adduced additional evidence and conducted cross-examination of defendants’ witnesses. At no point does it appear that plaintiffs ever objected to continuing with the reference or excepted to the…
2Cases cited7 opinions
- Andrews v. BrutonSupreme Court of North Carolina · 1955
- National-Ben Franklin Fire Insurance v. DarbyCourt of Appeals of Georgia · 1933
- Williams v. Elm City Lumber Co.Supreme Court of North Carolina · 1911
- Andrews v. . JordanSupreme Court of North Carolina · 1934
- Jones v. GEORGIA-PACIFIC CORPORATIONCourt of Appeals of North Carolina · 1972
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Harper v. MorrisCourt of Appeals of North Carolina · 1988