Wallace Bros. v. Douglas
Supreme Court of North Carolina
This was a civil ACTION, heard before Connor, J., at November Term, 1889, Iredell Superior Court, on exceptions to referee’s report. The defendant, among other exceptions, excepted to certain evidence admitted by the referee. The Court sustained the. exception.
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This was a civil ACTION, heard before Connor, J., at November Term, 1889, Iredell Superior Court, on exceptions to referee’s report. The defendant, among other exceptions, excepted to certain evidence admitted by the referee. The Court sustained the. exception. The case on appeal then states: “ This testimony being excluded for the foregoing reasons, the plaintiffs insisting that there is other testimony tending to sustain the findings of the referee, it is considered that the said report be recommitted to said referee to the end that he may pass upon said testimony, and if, in his…
1Opinion of the CourtClabk, J.
after stating the case: The appeal was premature and improvidently taken, and must be dismissed. The plaintiffs should have had their exception noted in the record, and if, on the coming in of the amended report and a final judgment thereon, they find it necessary to appeal, the exception will then be reviewed. It may be that, as they themselves suggest, other evidence may be found to supply the place of that excluded, or when the final judgment is rendered they may not desire to appeal. The Court will not take “two bites at a cherry.” The rule of practice is settled by so many decisions that…
2Cases cited5 opinions
- Lutz v. . ClineSupreme Court of North Carolina · 1883
- Leak v. . CovingtonSupreme Court of North Carolina · 1886
- Grant v. . ReeseSupreme Court of North Carolina · 1884
- Jones v. . CallSupreme Court of North Carolina · 1883
- Torrence v. . DavidsonSupreme Court of North Carolina · 1884
3Cited by5 opinions
- Alexander v. . AlexanderSupreme Court of North Carolina · 1897
- McLean v. BreeceSupreme Court of North Carolina · 1893
- McLean v. . BreeceSupreme Court of North Carolina · 1893
- Kerr v. . HicksSupreme Court of North Carolina · 1898
- Chemical Co. v. Lackey.Supreme Court of North Carolina · 1905