Earp v. . Richardson
Supreme Court of North Carolina
Civil ActioN, tried before Kebr, J., at Spring Term, 1876, 'of Wilson Superior Court, upon exceptions by the plaintiffs-to the report of the referee, to whom the case had been referred under the provisions of the Code of Civil Procedure. Among others, the plaintiffs filed the following exception; “ Because the referee finds, as a conclusion of law, that the plaintiffs’ cause of action is barred by the Statute of Limi.tations.”
Read the full summary
Civil ActioN, tried before Kebr, J., at Spring Term, 1876, 'of Wilson Superior Court, upon exceptions by the plaintiffs-to the report of the referee, to whom the case had been referred under the provisions of the Code of Civil Procedure. Among others, the plaintiffs filed the following exception; “ Because the referee finds, as a conclusion of law, that the plaintiffs’ cause of action is barred by the Statute of Limi.tations.” His Ho, ; r c\erruled the exceptions, and the plaintiffs appealed.
1Opinion of the CourtRodmaN, J.
The duty of a referee under section 246, of Code of Civil Procedure, is to report on all the facts const!- luting the grounds of action, or defence. It may not be necessary that he should in all cases state, as found by him, matters which are alleged and admitted by the pleadings. But it is better and more convenient to do so ; for, considering how vague and indefinite pleadings often are, it may be uncertain what facts he assumes to be alleged and admitted by them. He must state his conclusions of fact separately from his conclusions of law. Otherwise, it will be impossible for an Appellate…
2Cases cited1 opinion
- State Ex Rel. Klutts v. McKenzieSupreme Court of North Carolina · 1871
3Cited by6 opinions
- Knight v. . KillebrewSupreme Court of North Carolina · 1882
- Humble v. . MebaneSupreme Court of North Carolina · 1883
- Cooper v. MiddletonSupreme Court of North Carolina · 1886
- Cummings v. . SwepsonSupreme Court of North Carolina · 1899
- Norment v. . BrownSupreme Court of North Carolina · 1878
1 more not listed; retrieve them via the Exa API.