White v. . Utley
Supreme Court of North Carolina
Motion in a cause, heard before Clark, Judge, at August Term, 1885, of the Superior Court of Wake county. After the dismissal of the former appeal of the plaintiff, for the reason that it was prematurely taken, in the midst of ari unexecuted order of reference, 86 N. C., 415, the cause was recommitted to the same referee, .and he was directed to proceed under the former order. The general facts are stated in the report in that appeal, and do not require repetition.
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Motion in a cause, heard before Clark, Judge, at August Term, 1885, of the Superior Court of Wake county. After the dismissal of the former appeal of the plaintiff, for the reason that it was prematurely taken, in the midst of ari unexecuted order of reference, 86 N. C., 415, the cause was recommitted to the same referee, .and he was directed to proceed under the former order. The general facts are stated in the report in that appeal, and do not require repetition. John G. Williams, the president of the bank, and trustee in the conveyance made by the defendant William Utley, in June, 1869, of…
1Opinion of the CourtSmith, C. J.
(after stating the facts). There is no reason for entertaining the present appeal, which did not apply to the other appeal. The matter is before the referee, undisposed of, and the proposed introduction of the executors of the deceased, was in furtherance of its essential object, a full and final determination of the controversy. We reiterate what was before said, when the cause was in this Court:
“The inconvenience of a partial adjudication, followed by an appeal, and this from time to time repeated, so as to 'present for review successively, fragments of the case, instead of the case in its…
2Cases cited1 opinion
- Merrill v. . MerrillSupreme Court of North Carolina · 1885
3Cited by5 opinions
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