Smith v. Hicks
Supreme Court of North Carolina
This is a civil action, which was tried at November Term, 1890, of Cumberland Superior Court, McicRae, /., presiding. The action involved the taking of an account.
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This is a civil action, which was tried at November Term, 1890, of Cumberland Superior Court, McicRae, /., presiding. The action involved the taking of an account. At May-Term of the Superior Court of 1889 the Court entered this order of reference, neither party objecting; “This case coming on to be heard, it is considered and adjudged by the Court that this cause be referred to Neill W. Ray, Esq., under The Code, to determine all issues of law and fact, and make report to this Court.” At a subsequent term the referee filed his report, whereby it appears that he found from the evidence the…
1Opinion of the Court
MerrimoN, C. J.:
The defendant’s counsel insisted on the argument here that the reference was made by the Court with the consent of the parties and, therefore, the Court itself should have reviewed the findings of fact by the referee and approved, modified or reversed the same, and should not have submitted the issue of fact to the jury. We are of that opinion and, therefore, the first exception must be sustained.
The nature of the action was such as to require an account to be taken. To that end, the Court made the order of reference in the presence of the parties and their counsel. In the…
2Cases cited7 opinions
- Nissen v. Genesee Gold Mining Co.Supreme Court of North Carolina · 1889
- Grant v. . HughesSupreme Court of North Carolina · 1887
- State ex rel. Armfield v. BrownSupreme Court of North Carolina · 1874
- Atkinson v. . WhiteheadSupreme Court of North Carolina · 1877
- Perry v. . TupperSupreme Court of North Carolina · 1877
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3Cited by5 opinions
- Blalock v. Kernersville Manufacturing Co.Supreme Court of North Carolina · 1892
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- Bartlett v. HopkinsSupreme Court of North Carolina · 1952
- Estate of Jarboe v. JarboeSupreme Court of Missouri · 1910