Kitchin v. Grandy
Supreme Court of North Carolina
Civil ACTION, heard before Graves, J., upon exceptions to referee’s report, at March Term, 1888, of Halifax Superior Court. This action, instituted to have a trust fund in the hands of the defendant R. IT. Smith, properly administered, after the pleadings were filed, was referred to James M. Mullen with the direction, “ to hear and determine all matters of controversy in the same arising.”
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Civil ACTION, heard before Graves, J., upon exceptions to referee’s report, at March Term, 1888, of Halifax Superior Court. This action, instituted to have a trust fund in the hands of the defendant R. IT. Smith, properly administered, after the pleadings were filed, was referred to James M. Mullen with the direction, “ to hear and determine all matters of controversy in the same arising.” The referee made his report at Fall Term, 1886; so much of his findings of fact as is necessary to a proper understanding of the controversy and the rulings in the Court below, brought up for review, is as…
1Opinion of the Court
Smith, C. J.,
(after stating the case.) While the exceptions are very many in number, there are but few rulings involved which we are called on to consider.
1. The appellants’ objection to the ruling that sustains the plaintiff’s first exception to the referee’s first report in reference to the time of transmitting, with the guarantee, the paper of the defendants’ attorney, setting out the terms on which it is given, involves a matter of fact and is not subject to review in this Court, when there is any evidence to support the finding.
2. The second has reference to the sustaining the…
2Cases cited1 opinion
- Arrington v. . GoodrichSupreme Court of North Carolina · 1886
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