Foushee v. . Beckwith
Supreme Court of North Carolina
Speoial PROCEEDING, pending before the Clerk of the Superior Court of Chatham: County, and heard before Graham, J., at Chambers, in Oxford, on June 23, 1896, on exceptions to the report of the Clerk as referee. From a judgment overruling the exceptions the plaintiffs appealed.
1Opinion of the Court
Fujrohes, J.:
This ease comes to us “ in such questionable shape ” that we have to return it without deciding any of the questions intended to be presented.
A very large volume of evidence is sent to us, accompanied by a report of the clerk, acting as referee, in which he finds several evidential facts, but without finding a single fact as a conclusion arising from the evidence.
Neither did his Honor below find any facts ; nor do we say that it was his duty to do so, as they had not been found by the referee. Had this been done it would have been his duty to review the findings of the referee…
2Cases cited4 opinions
- Hunter v. . KellySupreme Court of North Carolina · 1885
- Lanning v. Commissioners of Transylvania CountySupreme Court of North Carolina · 1890
- McEwen v. . LoucheimSupreme Court of North Carolina · 1894
- Barbee v. . GreenSupreme Court of North Carolina · 1885
3Cited by1 opinion
- Alexander v. . HarkinsSupreme Court of North Carolina · 1897