Armfield v. . Colvert
Supreme Court of North Carolina
Civil action, tried before Clark, J., at November Term, 1887, of Iredell Superior Court. There was judgment overruling plaintiffs’ exceptions to the report of a referee and confirming the report, whereupon, the plaintiffs appealed. The plaintiffs brought the action for the settlement of the partnership affairs of the firm of Gaither & Colvert, composed of the testator of plaintiffs, A. F. Gaither, and the defendants Wm.
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Civil action, tried before Clark, J., at November Term, 1887, of Iredell Superior Court. There was judgment overruling plaintiffs’ exceptions to the report of a referee and confirming the report, whereupon, the plaintiffs appealed. The plaintiffs brought the action for the settlement of the partnership affairs of the firm of Gaither & Colvert, composed of the testator of plaintiffs, A. F. Gaither, and the defendants Wm. I. Colvert, John G. Colvert, J. C. Stimpson, W. G. Bennett and W. C. Nicholson. This partnership was formed in the year 3876, and the partners continued to carry on the…
1Opinion of the CourtAvery, J.
(after stating the case). We do not -deem, it necessary to set forth the whole of the referee’s report. We think the objection, that the testimony of the witness Col-vert was not competent, under § 590 of The Code, should have been sustained by the referee, and the eleventh exception of the plaintiffs ought not to have been subsequently overruled by the Judge. At the end of the statement of the testimony of J. G. Colvert we find the following:
“ Plaintiffs and defendant Nicholson, in apt time, objected to-all of the foregoing evidence touching any matter with A. F. Gaither.”
It is true, that…
2Cases cited7 opinions
- Barnhardt v. . SmithSupreme Court of North Carolina · 1882
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