Smith v. . Smith
Supreme Court of North Carolina
This is a' civil ACTION, commenced in 1877, and tried before Clark, J., at January Term, 1888, of the Superior Court of Rocking-ham County, upon exceptions to referee’s report.
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This is a' civil ACTION, commenced in 1877, and tried before Clark, J., at January Term, 1888, of the Superior Court of Rocking-ham County, upon exceptions to referee’s report. Drury Smith died intestate in the county of Rockingham in January, 1873, and the defendants, G. W. Smith, L. F. Smith and Darien Smith, 'were duly appointed administrators of his estate, and executed bonds in the usual form in the penal sum of $36,000, for the faithful discharge of their duties, with the other defendants as sureties, and this action is brought by the plaintiffs, who, together with the defendants…
1Opinion of the CourtDavis, J.
(after stating the case.) The record is very voluminous, comprising 357 pages of printed matter, the greater part of which consists of the evidence in the cause, sent up under the misapprehension that this Court will review the evidence and findings of fact. The original reference to David Settle was without objection by the plaintiffs, and by consent he was allowed to withdraw and W. S. Ball was substituted as referee, and his findings of fact are not subject to our review. The only reviewable exceptions in regard to the finding of fact by the referee must relate “ either to evidence…
2Cases cited6 opinions
- Governor Ex. Rel. Trustees of University of N. C. v. LassiterSupreme Court of North Carolina · 1880
- Morrison v. . BakerSupreme Court of North Carolina · 1879
- Mowery v. Town of SalisburySupreme Court of North Carolina · 1880
- Grant v. . ReeseSupreme Court of North Carolina · 1880
- Kesler v. . MauneySupreme Court of North Carolina · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Bond v. Pickett Cotton Mills, Inc.Supreme Court of North Carolina · 1914
- Rose v. . BankSupreme Court of North Carolina · 1940
- Rose v. Bank of WadesboroSupreme Court of North Carolina · 1940
- Yates v. . YatesSupreme Court of North Carolina · 1915