Legal Opinion

Kerr v. . Hicks

Supreme Court of North Carolina

Decided March 22, 1898PublishedCited by 2 opinions

■ Civil action tried before Allen, J., and a jury at Fall Term, 189†, of Sampson Superior Court. A jury trial was had upon certain exceptions to a referee’s report, and, after a verdict on the issues, the cause was recommitted to the referee to have the report conformed to the verdict. From the order re-referring the case the defendant appealed.

1Per curiam

This case was referred, and on coming in of the report certain issues were eliminated and submitted to the jury. After the verdict thereon the cause was recommitted to the referee with instructions to revise and conform his report in accordance with the verdict, and also to correct his calculations of interest to the basis of 6 per cent. The defendant appealed. The appeal is premature. The defendant should have caused his exception to be entered, and can appeal from the final judgment. Wallace v. Douglas, 105 N. C., 42, in which it is said, quoting Grant v. Reese, 90 N. C., 3, “Slight…

2Cases cited2 opinions

  1. Grant v. . ReeseSupreme Court of North Carolina · 1884
  2. Wallace Bros. v. DouglasSupreme Court of North Carolina · 1890

3Cited by2 opinions

  1. Kerr v. Hicks.Supreme Court of North Carolina · 1902
  2. Kerr v. . HicksSupreme Court of North Carolina · 1911

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