Askew v. . Koonce
Supreme Court of North Carolina
Civil ACTION, heard before Graham, J., at Eall Term, 1895, of JoNES Superior Court, on the pleadings and exceptions to the report of a referee. A replication to the answer was filed but was not verified. His Honor overruled the exceptions to the report of referee, and gave judgment for the plaintiff, and defendant appealed.
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Civil ACTION, heard before Graham, J., at Eall Term, 1895, of JoNES Superior Court, on the pleadings and exceptions to the report of a referee. A replication to the answer was filed but was not verified. His Honor overruled the exceptions to the report of referee, and gave judgment for the plaintiff, and defendant appealed. The report of the referee was as follows: Report of Referee: “ That some time prior to the 5th day of September, 1877, the testator of the plaintiff employed the defendant, E. D. Koonce, as his attorney at law to prosecute and collect, on behalf of the plaintiff's, a claim…
1Opinion of the Court
Faircloth, C. J.:
This action is instituted to recover from the defendant money collected by him as an attorney for plaintiff. The matter was referred by consent, and to the report several exceptions are filed, all pointing to the findings of fact which this Court cannot review. The account covers 'a period of several years. Only one exception is relied upon before this Court, and looking at the report we can see no error in that. The answer is verified but the replication is not. We can see no need for the replication in this case, as every allegation of new matter in the answer, not relating…
2Cited by10 opinions
- Oldham v. . RiegerSupreme Court of North Carolina · 1907
- Taylor v. . TaylorSupreme Court of North Carolina · 1945
- Clapp v. ClappSupreme Court of North Carolina · 1954
- Hoyle v. . CarterSupreme Court of North Carolina · 1939
- Paul v. GomezDistrict Court, W.D. Virginia · 2000
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