Duncan Ex Dem. Duncan v. Duncan
Supreme Court of North Carolina
This was an appeal from the judgment of the Superior Court of Law of Burke county, at Spring Term, 1841, his Honor Judge Battle presiding, ordering an award which had been made in the case to be set aside. Three several suits were pending between these parties, of which one was an action of Trespass quare clausum fregit, another an action of trespass on the case in assumpsit, and the present action of ejectment.
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This was an appeal from the judgment of the Superior Court of Law of Burke county, at Spring Term, 1841, his Honor Judge Battle presiding, ordering an award which had been made in the case to be set aside. Three several suits were pending between these parties, of which one was an action of Trespass quare clausum fregit, another an action of trespass on the case in assumpsit, and the present action of ejectment. They were, by separate and distinct rules of court, referred to the same persons as arbitrators, who returned, so far as regards this case, the following award: “In the case of…
1Opinion of the CourtGaston, J.
In the case made for the consideration of this court, it is stated that the exceptions taken by the defendant to the award, returned by the referees, were sustained by the court and the award set aside. If we are to understand by this, that the court decreed that the plaintiff should not be permitted to avail herself of that award in anyway, either by action or by a bill in equity, we should hold sqch decree erroneous; first, for that it transcended the jurisdiction of the court, and secondly, because, though the award might not be warranted by the rule oí reference, non constat but that…
2Cited by2 opinions
- Borretts v. . PattersonSuperior Court of North Carolina · 1799
- Kelly v. Lynchburg & Durham RailroadSupreme Court of North Carolina · 1892