Battle v. Mayo
Supreme Court of North Carolina
This was a civil ACTION, heard at the Fall Term, 1888, of the Superior Court of Nash County, before Graves, J. The plaintiff Battle, under an order in a supplementary proceeding against the defendant James M. Mayo instituted, by T. P. Braswell & Co., judgment creditors of said Mayo, was appointed receiver on the 7th January, 1887, after judgment creditors of Mayo had been made parties to that proceeding.
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This was a civil ACTION, heard at the Fall Term, 1888, of the Superior Court of Nash County, before Graves, J. The plaintiff Battle, under an order in a supplementary proceeding against the defendant James M. Mayo instituted, by T. P. Braswell & Co., judgment creditors of said Mayo, was appointed receiver on the 7th January, 1887, after judgment creditors of Mayo had been made parties to that proceeding. The plaintiff alleges in the complaint; 1. That on the 14th of January, 188G, the defendants, A. PI. Ricks and A. L. Taylor, executed three sealed notes to Carr Bros. & Có., each for the sum…
1Opinion of the CourtAveRY, J.
(after stating the facts). On the argument counsel revived the discussion as to the right of this Court to review findings of fact, made by a referee or Judge, and also questioned the power of the Judge below to modify the report of the referee upon the facts. It is necessary, therefore, to collate, rearrange and reiterate some of the settled rules that define the duties and powers, respectively, of the referee,'the trial judge and the appellate court in disposing of references by consent.
This is a mode of trial selected by the parties, who, in agreeing to it, are deemed to have waived their…
2Cases cited22 opinions
- Bost v. . BostSupreme Court of North Carolina · 1882
- Heilig and Others v. . Stokes and PenningtonSupreme Court of North Carolina · 1869
- Means v. DowdSupreme Court of the United States · 1888
- Coates Bros. v. . WilkesSupreme Court of North Carolina · 1885
- Jones v. . BoydSupreme Court of North Carolina · 1879
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3Cited by36 opinions
- Town of Burnsville v. BooneSupreme Court of North Carolina · 1950
- May v. Getty.Supreme Court of North Carolina · 1905
- Osborne v. . WilkesSupreme Court of North Carolina · 1891
- Woodruff v. . BowlesSupreme Court of North Carolina · 1889
- Ritchie v. . WhiteSupreme Court of North Carolina · 1945
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