Rowland v. . Thompson
Supreme Court of North Carolina
Civil action, before Russell, J., at Spring Term 1870 of Bobeson Court. The plaintiffs demanded a settlement by the defendant of Ms trust as former guardian of Mrs. Eowland. The defendant answered, submitting to an account. During the taMng of the account the defendant excepted to various points of evidence, &c. The Probate Judge gave judgment for the plaintiffs, for a large amount. And the defendants appealed to the Judge of the District.
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Civil action, before Russell, J., at Spring Term 1870 of Bobeson Court. The plaintiffs demanded a settlement by the defendant of Ms trust as former guardian of Mrs. Eowland. The defendant answered, submitting to an account. During the taMng of the account the defendant excepted to various points of evidence, &c. The Probate Judge gave judgment for the plaintiffs, for a large amount. And the defendants appealed to the Judge of the District. Upon the case being brought before his Honor at Chambers in Wilmington, he ordered it to be transferred, for trial as to matters both of law and fact, to…
1Opinion of the Court
Eodmaít, J.
The simple question brought up for review in this case, is the right of the Judge to make the order appealed from, transferring the hearing of the appeal, from the Probate Judge to him at Chambers, to the Superior Court at its next term. If this Court should be of opinion that the Judge had no right to make the order in question, the only judgment which it could give, would be to remand the case to the Judge, in order that he might decide upon the questions presented by the appeal from the Probate Judge. No appeal lies directly from the Probate Judge to this Court: before any…
2Cases cited1 opinion
- Heilig and Others v. . Stokes and PenningtonSupreme Court of North Carolina · 1869
3Cited by11 opinions
- In Re Estate of LowtherSupreme Court of North Carolina · 1967
- In Re Sams'estateSupreme Court of North Carolina · 1952
- Edwards v. CobbSupreme Court of North Carolina · 1886
- State Ex Rel. Moseley v. JohnsonSupreme Court of North Carolina · 1907
- Bean v. Bean.Supreme Court of North Carolina · 1904
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