Spencer, Ex Parte
Supreme Court of North Carolina
Appeal from the Clerk, ih a pi’oceeding instituted before him, heard by Graves, Judge, at July Term, 1884, of Randolph Superior Court.
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Appeal from the Clerk, ih a pi’oceeding instituted before him, heard by Graves, Judge, at July Term, 1884, of Randolph Superior Court. This is an ex parte proceeding, begun on the 16th of December, 1880, before the Clerk of the Superior Court of Randolph county, in the exercise of his jurisdictional functions, by James Spencer and Sallie Keerans, executor and executrix of the will of Nathan Spencer, deceased, (the same having been duly proven), and the legatees named in that will, for an account, and to settle and distribute the estate of the testator, as therein provided and directed. In…
1Opinion of the CourtMeRRIMON, J.
(after stating the facts). The counsel for the appellees insisted on the argument, that no appeal lies from the order in question. We think otherwise. It puts an end to the present proceeding, and to the appellants’ right to have the benefit of so much of the account, stated and confirmed by the Clerk, as they do not except to, and their right to have their exceptions to the report reviewed, and sustained or overruled. Whenever an order or judgment puts an end to the action or proceeding, or an interlocutory order will deprive a party of a substantial right, if the alleged error shall not be…
2Cases cited3 opinions
- Brittain v. . MullSupreme Court of North Carolina · 1884
- Rowland v. . ThompsonSupreme Court of North Carolina · 1870
- Carson v. . LineburgerSupreme Court of North Carolina · 1874
3Cited by4 opinions
- In Re HegeSupreme Court of North Carolina · 1934
- Blackwell v. . McCaineSupreme Court of North Carolina · 1890
- Mills v. McDanielSupreme Court of North Carolina · 1912
- Mills v. . McDanielSupreme Court of North Carolina · 1912