Schehan v. . Malone
Supreme Court of North Carolina
Civil aotioN, oh a contract, tried before Mitchell, J., upon exceptions to the report of a Commissioner, at the Spring Term, 1874, of Iebdell Superior Court. During the progress of the cause it had been referred to a Commissioner to state an account, and upon the coming in of his report, the defendants hied exceptions thereto. Upon the hearing, his Honor overruled the defendants’ exception and denied his application for a jury, whereupon defendants appealed.
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Civil aotioN, oh a contract, tried before Mitchell, J., upon exceptions to the report of a Commissioner, at the Spring Term, 1874, of Iebdell Superior Court. During the progress of the cause it had been referred to a Commissioner to state an account, and upon the coming in of his report, the defendants hied exceptions thereto. Upon the hearing, his Honor overruled the defendants’ exception and denied his application for a jury, whereupon defendants appealed. The facts necessary to an understanding of the points decided, are fully set out in the opinion of the Court.
1Opinion of the CourtBvNuai, J.
The case comes here by appeal from the judgment of the Court below, overruling the exceptions of the defendants to the report of the Commissioner.
1. The first exception is, that he failed to report the evidence of the defendant, Wilson, in regard to the account-book, and the absence of the clerk, Eennel.
The answer is, that the case stated for this Court, shows that the evidence was reported, and the defendants are concluded thereby. But the omitted evidence, as set forth in the affidavit, discloses no fact material to the defence. This exception was, therefore, properly overruled.
2 and 4. The…
2Cited by6 opinions
- Rhea v. HackneySupreme Court of Florida · 1934
- Guaranty Life Insurance v. Hall Brothers Press, Inc.Supreme Court of Florida · 1939
- Shehan v. John Malone & Co.Supreme Court of North Carolina · 1875
- McPeters v. . RaySupreme Court of North Carolina · 1881
- Rumbough v. Southern Improvement Co.Supreme Court of North Carolina · 1890
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