Brumble v. . Brown
Supreme Court of North Carolina
This was a civil actioN against the defendant, as executor-of one R. King, sheriff, tried on exceptions to the report of a referee, before Clarice, J., at the Special (January) Term, 1874j-, of Robeson Superior Court.
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This was a civil actioN against the defendant, as executor-of one R. King, sheriff, tried on exceptions to the report of a referee, before Clarice, J., at the Special (January) Term, 1874j-, of Robeson Superior Court. The plaintiff had, from 1853 to 1858, placed in the hands of’ the defendant’s testator, R. King, who was sheriff ofi Robeson-, county, a large number of notes, accounts and judgments against sundry citizens for collection, and this suit is brought! to recover the amounts collected, or ought to have been collected, on the same. It was originally brought on the official’ bond of…
1Opinion of the CourtRodmaN, J.
The report of the referee is carefully and intelligibly drawn up. But this Court has a right to complain that there is no clear statement of the exceptions which the plaintiff (who is the appellant) takes to the decision of the Judge below upon the several exceptions to that report. They ;-are so general and indefinite as to make it impossible to say with certainty in what particulars it is contended that his Honor -erred. When an appellant excepts to and appeals from the ■decision of a Judge upon an exception to a report, it is his duty to refer to the particular exception, and if necessary…
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