Wittkowsky v. . Logan
Supreme Court of North Carolina
Motion made by the defendant to be allowed to file exceptions to the report of a referee, and heard at Pall Term, 1881, of Rutherford Superior Court, before Avery, J. At spring term, 1881, of said court, when the referee submitted his report, an order was made by the judge presiding, to allow defendant’s counsel ninety days after the term to file exceptions thereto.
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Motion made by the defendant to be allowed to file exceptions to the report of a referee, and heard at Pall Term, 1881, of Rutherford Superior Court, before Avery, J. At spring term, 1881, of said court, when the referee submitted his report, an order was made by the judge presiding, to allow defendant’s counsel ninety days after the term to file exceptions thereto. The exceptions were prepared after the preliminary call of the docket at fall term, 1881, and when the case was peremptorily called for trial at that term, the court staled to counsel for defendant, that while it was discretionary…
1Opinion of the CourtAshe, J.
The law requires every one who excepts to a report of a referee or commissioner to file his exceptions thereto, at the term of the court to which the report is submitted ; he can claim no further time as a matter of right; after that term he can only file them by leave of the court granted in the exercise of its discretion. Here, the defendant failed to file his exceptions at the spring term to which the report was- made, and upon his motion ninety days were given him in which to file them. He failed again to do so,- and then at the subsequent term asked to file them., but His Honor refused…
2Cases cited1 opinion
- Twitty v. . LoganSupreme Court of North Carolina · 1882