Howerton v. . Sexton
Supreme Court of North Carolina
Appeal— Undertaking — Reference— Guardian and Ward — Partition — Payment—Bonds of Administrators, Guardians, &c. This was a civil actioN, which was heard upon exception to referee’s report, before Merrimon, J., at Spring Term, 1889, of Nash Superior Court.
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Appeal— Undertaking — Reference— Guardian and Ward — Partition — Payment—Bonds of Administrators, Guardians, &c. This was a civil actioN, which was heard upon exception to referee’s report, before Merrimon, J., at Spring Term, 1889, of Nash Superior Court. This cause was before the Supreme Court at Fall Term, 1884, upon an application to annul the proceeding for partition and the sale of the land made to that end, upon the ground of numerous assigned defects and irregularities therein, which was denied and the validity of the proceeding upheld. The cause was remanded for an inquiry “ as to…
1Opinion of the CourtSmith, C. J.
(after stating the case). Preliminary to the hearing of the plaintiffs’ appeal, the defendant’s counsel entered a motion to dismiss it, on the ground that the undertaking required to perfect it was not executed until after the expiration of the sixty days allowed, after trial, for preparing the case, in explanation of the delay in which affidavits on either side were read. The term of the Court at which the trial took place, ended on May 14, 1887, from which sixty days were allowed, and entered of record to each party, in which to perfect their appeals, and the plaintiffs’ undertaking bears…
2Cases cited6 opinions
- Battle v. MayoSupreme Court of North Carolina · 1889
- Barcroft & Co. v. Roberts & Co.Supreme Court of North Carolina · 1884
- Hughes v. . HodgesSupreme Court of North Carolina · 1886
- Cooper v. MiddletonSupreme Court of North Carolina · 1886
- Rhyne v. . LoveSupreme Court of North Carolina · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hatch v. FergusonCourt of Appeals for the Ninth Circuit · 1895
- Power v. LenoirMontana Supreme Court · 1899
- STATE TRUST COMPANY v. TomsSupreme Court of North Carolina · 1956
- Batchelor v. . OvertonSupreme Court of North Carolina · 1912
- Battle v. . MayoSupreme Court of North Carolina · 1889
3 more not listed; retrieve them via the Exa API.