Miller v. . Groome
Supreme Court of North Carolina
Civil, ACTION, heard upon exceptions to the report of a referee at February Term, 1891, of Guilford Superior Court, before Boylcin, J. The referee gave judgment for defendant, and plaintiff filed exceptions to his report. Upon the call of the case, the pleadings, report, order of reference and exceptions • were read, when his Honor asked if the law laid down by the referee was conceded to be correct on the facts found, and the plaintiff answered “ Yes.”
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Civil, ACTION, heard upon exceptions to the report of a referee at February Term, 1891, of Guilford Superior Court, before Boylcin, J. The referee gave judgment for defendant, and plaintiff filed exceptions to his report. Upon the call of the case, the pleadings, report, order of reference and exceptions • were read, when his Honor asked if the law laid down by the referee was conceded to be correct on the facts found, and the plaintiff answered “ Yes.” His Honor further asked if the testimony upon which the findings of fact were made was conflicting and contradictory, and being answered by…
1Opinion of the Court
Davis, J.:
This was a reference under The Code, and the referee, as was his duty, reported the facts found and his conclusions of law separately, and he also reported the evidence upon which he found the facts, and, as a matter of right, either party could file exceptions, appeal and have the report reviewed by the Judge of the Superior Court, whose duty it is to consider the exceptions and set aside, modify or confirm the report, according to his judgment, and his ruling upon the findings of fact is conclusive upon this Court, but his rulings upon questions of law are subject to review here.…
2Cases cited2 opinions
- McNeill v. . HodgesSupreme Court of North Carolina · 1890
- State Ex Rel. Commissioners of Wake v. MagninSupreme Court of North Carolina · 1881
3Cited by12 opinions
- Abbitt v. . GregorySupreme Court of North Carolina · 1931
- Thompson v. . SmithSupreme Court of North Carolina · 1911
- Anderson v. . McRaeSupreme Court of North Carolina · 1937
- Wadford v. . GilletteSupreme Court of North Carolina · 1927
- Caldwell v. . RobinsonSupreme Court of North Carolina · 1920
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