Cummings v. . Swepson
Supreme Court of North Carolina
Civil AotioN to enforce a contract for payment of money alleged to be dne to tbe testator of plaintiff from testator of defendant, instituted on November 20,1886, in tbe Superior Court of BüNcomRe County. Tbe cause was referred at March Term, 1898, to George F. Bason, Esq. — his findings of fact to be conclusive and final, but bis conclusions of law upon tbe facts, to be reviewable, on exception, by tbe Court. Tbe report to be made at next Term or earlier if practicable.
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Civil AotioN to enforce a contract for payment of money alleged to be dne to tbe testator of plaintiff from testator of defendant, instituted on November 20,1886, in tbe Superior Court of BüNcomRe County. Tbe cause was referred at March Term, 1898, to George F. Bason, Esq. — his findings of fact to be conclusive and final, but bis conclusions of law upon tbe facts, to be reviewable, on exception, by tbe Court. Tbe report to be made at next Term or earlier if practicable. Tbe order of reference was made by bis Honor, Judge Hoke, with consent of both parties entered of record. Tbe report of…
1Opinion of the Court
EaiRgi.oti-i, 0. J'.
Tbis action was referred by consent, and on tbe trial day tbe plaintiff made affidavit tbat be could not try, stating bis reasons. Tbe referee required bim to proceed to trial, and tbe plaintiff’s counsel stated tbat in justice to his client be was driven to consent to a nonsuit. Tbe referee filed bis report, and tbe defendant made a motion tbat judgment of nonsuit be entered by bis Honor, which was refused.
His Honor, upon tbe facts found in tbe exercise of bis discretion, ordered tbat tbe plaintiff be relieved from bis consent to nonsuit before tbe referee, and tbat the…
2Cases cited5 opinions
- Jones v. . BeamanSupreme Court of North Carolina · 1895
- Bushee v. . SurlesSupreme Court of North Carolina · 1878
- Earp v. . RichardsonSupreme Court of North Carolina · 1876
- Boyden v. . WilliamsSupreme Court of North Carolina · 1879
- Wilson v. . RespassSupreme Court of North Carolina · 1882
3Cited by7 opinions
- Caldwell v. . RobinsonSupreme Court of North Carolina · 1920
- Dumas v. . MorrisonSupreme Court of North Carolina · 1918
- Lindsay v. . BrawleySupreme Court of North Carolina · 1946
- Rogers v. Gennett Lumber Co.Supreme Court of North Carolina · 1910
- Baggett v. . WilsonSupreme Court of North Carolina · 1910
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