Taylor v. . Bostic
Supreme Court of North Carolina
Appeal — Special Proceedings. Special Proceeding, heard on. an agreed statement of the facts by Philips, Judge, at Spring Term, 1885, of the Superior Court of Rutherford county. This was a special proceeding brought by the plaintiff as widow of W. W. Taylor, against the defendant as his executor, for a year’s allowance out of his personal estate.
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Appeal — Special Proceedings. Special Proceeding, heard on. an agreed statement of the facts by Philips, Judge, at Spring Term, 1885, of the Superior Court of Rutherford county. This was a special proceeding brought by the plaintiff as widow of W. W. Taylor, against the defendant as his executor, for a year’s allowance out of his personal estate. The case was commenced before the clerk, and transferred by him to the civil issue docket of the Superior Court for the county of Rutherford, and was there heard and determined before Philips, Judge, upon the following state of facts agreed: Sarah…
1Opinion of the Court
Ashe, J.,
(after stating the facts). The appeal in this case was prematurely taken. There was no judgment rendered by the Judge, nor by the Clerk from which an appeal could be taken to the Judge, and there was therefore no question of law presented for his decision.
The case is therefore remanded that the Clerk may proceed with the case according to law.
Remanded.
2Cited by11 opinions
- Dowdy v. . DowdySupreme Court of North Carolina · 1911
- Rosenthal v. . RobersonSupreme Court of North Carolina · 1894
- Powell v. . MoriseySupreme Court of North Carolina · 1887
- Thomas v. County of CarteretSupreme Court of North Carolina · 1920
- Cameron v. . BennettSupreme Court of North Carolina · 1892
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