Legal Opinion

Bushee v. . Surles

Supreme Court of North Carolina

Decided June 5, 1878PublishedCited by 8 opinions

Civil Aotion, tried at Spring Term, 1878, of IIaekneti" Superior Court, before Moore, J. The principle facts appear in same case, 77 N. C., 62, and those material to the points now decided by this Court are’ stated.in its opinion. Judgment for. plaintiffs. Appeal by defendants.

1Opinion of the CourtFairoloth, J.

This cause was referred for the statement of an account at Fall Term, 1877, and the referee filed his-report at the next term of the Court.- The defendants filed exceptions to the report, and on plaintiff’s motion ITis Honor set aside the reference and proceeded to try the case-The defendants urged that the Court had no authority at that stage of the matter to set aside the order of reference. We think he did have the power, and that the exercise of his discretion in regard thereto is not reviewable in this-Court, as it is in a certain class of references under C. C. P.

The defendants then…

2Cases cited1 opinion

  1. Bushee v. . SurlesSupreme Court of North Carolina · 1877

3Cited by8 opinions

  1. Skinner v. . CarterSupreme Court of North Carolina · 1891
  2. Cummings v. . SwepsonSupreme Court of North Carolina · 1899
  3. Lance v. RussellSupreme Court of North Carolina · 1911
  4. State Ex Rel. Commissioners of Wake v. MagninSupreme Court of North Carolina · 1881
  5. Rogers v. Gennett Lumber Co.Supreme Court of North Carolina · 1910

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