Reizenstein v. . Hahn
Supreme Court of North Carolina
This was a civil actioN, tried before Armfield, J., at Spring Term, 1890, of the Superior Court of CravisN County. Plaintiff moved the Court for judgment on the report of 0. Marks, to whom the case had been referred at a previous term by an order in the record.
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This was a civil actioN, tried before Armfield, J., at Spring Term, 1890, of the Superior Court of CravisN County. Plaintiff moved the Court for judgment on the report of 0. Marks, to whom the case had been referred at a previous term by an order in the record. Said order and report are as follows, to-wit: “ This cause coming on to be heard before his Honor E. T. Boykin, Judge, on the sworn complaint of plaintiff and answer of defendant and, by consent of all parties hereto, it is ordered and adjudged that all the partnership matters of A. & M. Hahn and M. Hahn & Co., and all issues and…
1Opinion of the CourtAvery, J.
after stating the facts: The consent order provided that all issues arising out of the pleadings should be referred to 0. Marks, whose findings and decision on the same should be “ final and conclusive between all the parties hereto.” The award of Marks could not have the effect contemplated by the parties unless it assumed the shape of a judgment or rule of the Court so as to operate as an estoppel upon the parties to the action. Robbins v. Killebrew, 95 N. C., 19; Lusk v. Clayton, 70 N. C., 184. As a judgment it would be final and conclusive, both upon plaintiff and defendant. Keener v.…
2Cases cited5 opinions
- Keener v. . GoodsonSupreme Court of North Carolina · 1883
- Robbins v. . KillebrewSupreme Court of North Carolina · 1886
- Lusk v. . ClaytonSupreme Court of North Carolina · 1874
- Miller v. . BryanSupreme Court of North Carolina · 1882
- Long v. FitzgeraldSupreme Court of North Carolina · 1887
3Cited by1 opinion
- T. W. Poe & Sons, Inc. v. University of North CarolinaSupreme Court of North Carolina · 1958