Baggett v. . Wilson
Supreme Court of North Carolina
Appeal from Guión, J., at January (Special) Term of Samp-SON. This was a civil action heard upon exceptions to the report of the referee theretofore appointed in the action, by consent. His Honor, upon the exceptions filed, reversed one of the findings of the referee, approved others, and rendered .judgment that the plaintiff, W. E. Baggett, the only party plaintiff in interest, take nothing by his action and pay the costs of the .-action. The plaintiff excepted and appealed.
1Opinion of the CourtManning, J.
The only point presented by this appeal, conceded by the attorneys- for both plaintiff and defendant, is whether a judge of the Superior Court can review the findings of fact and law by a referee appointed by consent in an action pending in that court, where the order of reference directs the referee “to hear' and determine all issues and questions of law and fact arising upon the pleadings.” The precise question has been decided by this Court, and it has been repeatedly ruled that the judge has such power. Smith v. Hides, 108 N. C., 249, in which several cases- are cited; Blalock v. Mfg.…
2Cases cited5 opinions
- Blalock v. Kernersville Manufacturing Co.Supreme Court of North Carolina · 1892
- Dunavant v. Caldwell & Northern RailroadSupreme Court of North Carolina · 1898
- Henderson v. . McLainSupreme Court of North Carolina · 1907
- Cummings v. . SwepsonSupreme Court of North Carolina · 1899
- Smith v. . HicksSupreme Court of North Carolina · 1891
3Cited by3 opinions
- State ex rel. Kimbrell v. People's Ice, Storage & Fuel Co.Supreme Court of Missouri · 1912
- McGeorge v. . NicolaSupreme Court of North Carolina · 1917
- Smith v. . HicksSupreme Court of North Carolina · 1891