Best v. Lancaster
Supreme Court of North Carolina
PbtitioN in tbe cause to set aside decree and report of commissioners for mistake and for re-division of land, transferred to civil issue docket, and bear’d before Moore, J., upon motions in tbe cause at May Term, 1899, of Wilson Superior Court. Tbe plaintiffs moved to remand to tbe clerk, motion disallowed. Plaintiffs excepted.
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PbtitioN in tbe cause to set aside decree and report of commissioners for mistake and for re-division of land, transferred to civil issue docket, and bear’d before Moore, J., upon motions in tbe cause at May Term, 1899, of Wilson Superior Court. Tbe plaintiffs moved to remand to tbe clerk, motion disallowed. Plaintiffs excepted. Plaintiffs moved for judgment for insufficient verification of answer, motion disallowed, being met by counter motion to amend tbe verification of answer on part of defendant. Plaintiffs excepted and appealed.
1Opinion of the CourtClark, J.
This was a proceeding to correct a mistake in a partition under* Tbe Code, sec. 1918, and was transferred *561by tbe clerk to the civil issue docket upon issue joined. In the Superior Court a motion by the plaintiff to remand to the clerk, without tidal of the issue, was denied. A motion for judgment on the ground of insufficient verification of the answer, was met by a counter motion to permit a new verification, which was allowed. Thereupon the plaintiff appealed.
The appeal is premature. The plaintiff should have had his exceptions noted in the record, and on the appeal from the final judgment…
2Cases cited4 opinions
- Phifer v. Travellers Insurance Co.Supreme Court of North Carolina · 1898
- Kruger v. Bank of CommerceSupreme Court of North Carolina · 1898
- Grant v. . ReeseSupreme Court of North Carolina · 1884
- Cole v. . BoydSupreme Court of North Carolina · 1899