Abernathy v. Withers
Supreme Court of North Carolina
Report of Referee — Judgment in absence of Exceptions— Practice. Civil ACTION, heard before MacRae, J., at Fall Term, 1887, of the Superior Court of MeckleNBURG. This action was brought in the Superior Court by W. C. Abernathy, guardian of M. L. Abernathy, against the defendant B. F. Withers, administrator of M. J. Abernathy, deceased, and the sureties on his administration bond, for an account and settlement of the estate of his intestate.
Read the full summary
Report of Referee — Judgment in absence of Exceptions— Practice. Civil ACTION, heard before MacRae, J., at Fall Term, 1887, of the Superior Court of MeckleNBURG. This action was brought in the Superior Court by W. C. Abernathy, guardian of M. L. Abernathy, against the defendant B. F. Withers, administrator of M. J. Abernathy, deceased, and the sureties on his administration bond, for an account and settlement of the estate of his intestate. At the Fall Term, 1886, of said Court, Graves, J., made the following order: “This cause is referred to John R. Erwin, Clerk, to take and state an account…
1Opinion of the Court
Davis, J.,
(after stating the case as above) We are unable to see the remotest analogy between this case and that of Allen v. Griffin, 98 N. C., 120, relied on by counsel for appellant. There, tho case on appeal was settled by the Court, and presented, concisely and clearly, the matter in controversy, and the alleged ground of error — it was apparent in that case, and upon the face of the case, stated by the Court, and did not have to be pointed out in this Court for the first time; but here, it is sought, for the first time, to assign some error in the finding of the referee, which was not…
2Cases cited4 opinions
- Randleman Manufacturing Co. v. SimmonsSupreme Court of North Carolina · 1887
- Neal v. . MacESupreme Court of North Carolina · 1883
- Whissenhunt v. . JonesSupreme Court of North Carolina · 1879
- Allen v. . GriffinSupreme Court of North Carolina · 1887
3Cited by1 opinion
- Kelley & Lysle Milling Co. v. SchreiberSupreme Court of Kansas · 1910