Coates Bros. v. Wilkes
Supreme Court of North Carolina
This was au appeal from an interlocutory order made in a proceeding supplemental to execution, by Montgomery, Judge, at Chambers in CONCORD, on October 17th, 1885. A former appeal in this case was heard and determined at the February Term, 1885, of this Court.
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This was au appeal from an interlocutory order made in a proceeding supplemental to execution, by Montgomery, Judge, at Chambers in CONCORD, on October 17th, 1885. A former appeal in this case was heard and determined at the February Term, 1885, of this Court. Coates v. Wilkes, 92 N. C., 376. Afterwards, at the August Term, 1885, of the Superior Court, proceedings were had, and the following is a copy of the material parts thereof; “ This cause coming on for further orders, before his Honor W. J. Montgomery, Judge, at a Superior Court held in Salisbury, for said county, on the 24th of August,…
1Opinion of the CourtMbeRIMON, J.
(after stating the facts). In this Court, the counsel for the appellant insisted on the argument, that the Judge at Chambers had no authority to amend the order made in Term, appointing a receiver, &c., because, the appeal taken in Term, at-once put the order appealed from, and the proceedings incident to it, in this -Court, and beyond the jurisdiction of the Court below. He further insisted that in any case, the Court had not power.to amend at Chambers an order made in Term.
It does not appear that at the time the amendment of the order made in Term was made at Chambers, the appeal taken in…
2Cases cited4 opinions
- Coates Bros. v. . WilkesSupreme Court of North Carolina · 1885
- Shackelford v. . MillerSupreme Court of North Carolina · 1884
- Spicer v. . GambillSupreme Court of North Carolina · 1885
- Wilson v. . SeagleSupreme Court of North Carolina · 1881
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