Vest v. . Cooper
Supreme Court of North Carolina
Civil action, heard before\ Cannon, /., at Fall Term, 1872, of Cherokee county, upon a motion to re-refer an account. The suit was brought by the plaintiff, a former Sheriff, against the defendants, who were the sureties of one of his deputies, for taxes collected and not accounted for. At Spring Term, 1872, it was referred'to L. W. Davidson to take an account, &e.
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Civil action, heard before\ Cannon, /., at Fall Term, 1872, of Cherokee county, upon a motion to re-refer an account. The suit was brought by the plaintiff, a former Sheriff, against the defendants, who were the sureties of one of his deputies, for taxes collected and not accounted for. At Spring Term, 1872, it was referred'to L. W. Davidson to take an account, &e. Upon the coming in of the report of the referee, at the ensuing Fall Term, the defendants moved to set it aside and again open the account, upon the ground that they had discovered new and material testimony, since the filing the…
1Opinion of the CourtReads, J.
The matters in controversy were referred to a referee to state an account and report, &c. The referee examined the evidence, stated an account and reported. At the coming in of the report, the defendant upon affidavit moved to refer the matter back with instructions to open the account, on account of newly discovered evidence. Plis. Honor in the exercise of his discretion, granted the motion at the cost of the defendant, and the plaintiff appealed. The question is, does an appeal lie in such a case.
C. C. P., section 299, allows an appeal from every “ order, &c., involving a matter of law or…
Also in this document: Per curiam.
2Cited by16 opinions
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- State v. . EdwardsSupreme Court of North Carolina · 1934
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