Weaver v. . Hampton

The two primary questions of law presented by the record are:

1. Has the clerk of the Superior Court the power to sign a consent judgment in a cause duly instituted in the Superior Court, and at the time of such signing, pending before a referee appointed in an order of compulsory reference?

2. Does the board of county commissioners have the power to compromise a pending suit against the county, or to assent to the entry of a consent judgment terminating litigation against the county?

The evidence in the case is conflicting. Nevertheless, it discloses that a serious controversy existed between…