State Ex Rel. Klutts v. McKenzie
Supreme Court of North Carolina
This was a civil action upon a guardian bond brought in the Superior Court of Rowan County, which was upon the motion of the plaintiff’s attorneys referred to T. G-. Haughton and D. H. Davis for an account and report. The referees having acted and returned a report to the Fall Term, 1870, of the Court, each party filed exceptions to it, which it is unnecessary to state.
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This was a civil action upon a guardian bond brought in the Superior Court of Rowan County, which was upon the motion of the plaintiff’s attorneys referred to T. G-. Haughton and D. H. Davis for an account and report. The referees having acted and returned a report to the Fall Term, 1870, of the Court, each party filed exceptions to it, which it is unnecessary to state. The referees, in their report, set out all the evidence, but did not find the facts upon which their conclusions were based. The exceptions were argued by counsel on both sides, when his Honor, Judge Jlemry, without finding…
1Opinion of the CourtPearson, C. J.
We feel satisfied, from the manner in which this case is now brought up, that it cannot go off upon its merits.
The referees set out the evidence, but do not find the facts, and it is impossible to see the principles of law on -which they base their conclusions; seemingly, the results arrived at, is upon the idea of making a fair compromise.
His Honor does not find the facts distinctly, but leaves ■them to be inferred by reference to portions of the evidence, . and the difference in the result, is so material, to-wit: near 610,000, as to cause this Court to hesitate, and decline to grope its…
2Cited by13 opinions
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- State Ex Rel. Carr v. AskewSupreme Court of North Carolina · 1886
- Atkinson v. . WhiteheadSupreme Court of North Carolina · 1877
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