Legal Opinion

Hall v. . Craige

Supreme Court of North Carolina

Decided January 5, 1871PublishedCited by 9 opinions

This was a civil action upon a judgment confessed by the defendants as executors of one Solomon Hall upon the compromise of a suit in which the will of the testator was caveated by the plaintiffs. By the terms of the compromise the will was admitted to probate, and upon the confession of the judgment, it was agreed that the amount of it ($13,000) ' should not bear interest for twelve months, and that execution should be stayed for two years.

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This was a civil action upon a judgment confessed by the defendants as executors of one Solomon Hall upon the compromise of a suit in which the will of the testator was caveated by the plaintiffs. By the terms of the compromise the will was admitted to probate, and upon the confession of the judgment, it was agreed that the amount of it ($13,000) ' should not bear interest for twelve months, and that execution should be stayed for two years. The judgment was •confessed before the commencement of the late civil war, to-wit, in June, I860, and the pleadings showed several payments during the…

1Opinion of the CourtSettle, J.

There was error in the ruling of his Honor, appointing a referee. The Code of Civil Procedure, sec. 244, provides that “ all or any of the issues in the action, whether of fact or law, or both, may be referred, upon the written consent of the partiesbut a compulsory reference can only be ordered in the cases specified in section 245 of the Code..

The case states that the motion of the defendants for a. reference was resisted by the plaintiffs. We are of opinion that this case does not require “the examination-of a long account on either side,” nor that “ the taking of an account is necessary…

2Cases cited2 opinions

  1. Kessler v. . HallSupreme Court of North Carolina · 1870
  2. Brown v. . FoustSupreme Court of North Carolina · 1870

3Cited by9 opinions

  1. Kerchner v. . McRaeSupreme Court of North Carolina · 1879
  2. McLean v. . McLeanSupreme Court of North Carolina · 1883
  3. Lee v. . ThorntonSupreme Court of North Carolina · 1918
  4. Morehead Banking Co. v. MoreheadSupreme Court of North Carolina · 1898
  5. Tyson v. . WalstonSupreme Court of North Carolina · 1880

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