Keener v. Finger
Supreme Court of North Carolina
Civil actioN, tried before logan, The plaintiffs, as next of kin and distributees of one Michael Keener, brings this suit against the defendants, his administrators, for an account and settlement.
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Civil actioN, tried before logan, The plaintiffs, as next of kin and distributees of one Michael Keener, brings this suit against the defendants, his administrators, for an account and settlement. The complaint and answer are filed at Spring Term, 1870) at Fall Term, 1870, it is referred to the Clerk to take and account, who, after taking testimony, returns his report to Fall Term, 1871. At Spring Term, 1873, the plaintiffs file ten exceptions to the report of the Clerk, the second of which, being sustained by his Honor on the hearing, and being the only one considered in this Court, is fully…
1Opinion of the CourtPeaRsost, C. J.
On the facts found by his Honor, we do not concur in the legal inference, “ That the defendants have not used proper and due diligence in endeavoring to receive and collect the “Baxter debt,” and are chargeable with the amount of said debt and interest.” The case was made up and argued before ns on the assumption that this Court had jurisdiction, — upon exceptions filed to an account, to go into all of the evidence and review his Honor’s finding in regard to the facts, as well as in regard to legal inferences. "We are of opinion that the Constitution does not confer such jurisdiction upon…
2Cases cited8 opinions
- Heilig and Others v. . Stokes and PenningtonSupreme Court of North Carolina · 1869
- Hill v. . KesslerSupreme Court of North Carolina · 1869
- McKeithan v. . TerrySupreme Court of North Carolina · 1870
- Hudgins v. . WhiteSupreme Court of North Carolina · 1871
- State Ex Rel. Klutts v. McKenzieSupreme Court of North Carolina · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Nissen v. Genesee Gold Mining Co.Supreme Court of North Carolina · 1889
- Bailey v. PeopleSupreme Court of Colorado · 1913
- Gay v. . GrantSupreme Court of North Carolina · 1888
- Isler v. . MurphySupreme Court of North Carolina · 1874
- Nissen v. . Mining CompanySupreme Court of North Carolina · 1889
1 more not listed; retrieve them via the Exa API.