Henderson v. . McLain
Supreme Court of North Carolina
Civil actioN, beard by Moore, J., at March Term, 1907, of the Superior Court of Ibedell County. Action for recovery for services rendered defendant’s intestate.
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Civil actioN, beard by Moore, J., at March Term, 1907, of the Superior Court of Ibedell County. Action for recovery for services rendered defendant’s intestate. The cause was referred, by consent, to Dorman Thompson, Esq., as referee, who found as facts that,'prior to 1886, the defendant’s intestate, Mrs. E. J. Wilson, was living with her daughter, Mrs. J. E. McLain, in Mooresville, N. 0. In that year Mr. McLain failed in business and removed to the mountains of North Carolina, and Mrs. Wilson moved, with her trunk, bureau and personal property, to the home of her son-in-law, the plaintiff,…
1Opinion of the Court
Glare, O. J.
The rulings of the Judge below upon the exceptions to findings of fact are conclusive, there being evidence upon such findings. Dunavant v. Railroad, 122 N. C., 1001, and cases there cited.
The refusal of the Superior Court to set aside the report of a referee on the ground of newly discovered evidence is not reviewable. Vest v. Cooper, 68 N. C., 131; Faison v. Williams, 121 N. C., 153.
The exceptions to the overruling by the Judge of the exceptions of law present two main questions: First. The competency of the evidence of the daughter of the plaintiff and granddaughter of the…
2Cases cited7 opinions
- Bunn v. . ToddSupreme Court of North Carolina · 1890
- Winkler v. Killian.Supreme Court of North Carolina · 1906
- Faison v. . WilliamsSupreme Court of North Carolina · 1897
- Sutton v. . WaltersSupreme Court of North Carolina · 1896
- Dunavant v. Caldwell & Northern RailroadSupreme Court of North Carolina · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Francis v. . FrancisSupreme Court of North Carolina · 1943
- Gaither v. Albemarle Hospital, Inc.Supreme Court of North Carolina · 1952
- Simmons v. . GroomSupreme Court of North Carolina · 1914
- Bailey v. . HopkinsSupreme Court of North Carolina · 1910
- Nesbitt v. . DonohoSupreme Court of North Carolina · 1929
7 more not listed; retrieve them via the Exa API.