Long v. . Logan
Supreme Court of North Carolina
Motion by defendants to be allowed to file exceptions to the report of a referee, heard at Fall Term, 1881, of Ruth-ekfobx) Superior Court, before Avery, J. The motion was based upon the affidavit of the defendant, which is as follows: That at the-term of the superior court of Rutherford county an adverse report was rendered against affiant; that said report and said cause was continued without further.action on account of the sickness of affiant’s counsel, John F. Hoke, of…
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Motion by defendants to be allowed to file exceptions to the report of a referee, heard at Fall Term, 1881, of Ruth-ekfobx) Superior Court, before Avery, J. The motion was based upon the affidavit of the defendant, which is as follows: That at the-term of the superior court of Rutherford county an adverse report was rendered against affiant; that said report and said cause was continued without further.action on account of the sickness of affiant’s counsel, John F. Hoke, of Lincolnton, N. C.; that Mr. Hoke is a regular attendant in full practice in said court, and is affiant’s general…
1Opinion of the CourtAshe, J.
There is no error. The refusal to allow the exceptions to be filed, as held by His Honor, was a matter within his discretion and is not reviewable. The defendant had no right ex debito justicias to file exceptions after the term to which the report of the commissioner was returned, and could only do so by leave of the court.
In State v. Peebles, 67 N. C., 97, it is held “ where a reference is made to commissioners to state an account and report to certain term of a court, and the report is made to that term, if exceptions be not filed at the same term, the report should be confirmed and…
2Cases cited6 opinions
- Austin v. . ClarkeSupreme Court of North Carolina · 1874
- State Ex Rel. Cox v. PeeblesSupreme Court of North Carolina · 1872
- Hinton v. . DeansSupreme Court of North Carolina · 1876
- Johnson v. . RowlandSupreme Court of North Carolina · 1879
- Boddie v. . WoodardSupreme Court of North Carolina · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- McNeill v. . HodgesSupreme Court of North Carolina · 1890
- L. Levenson & Co. v. ElsonSupreme Court of North Carolina · 1883
- Coleman v. . McCulloughSupreme Court of North Carolina · 1925
- Singer Manufacturing Co. v. WilliamsonSupreme Court of North Carolina · 1888
- Coleman v. . McCulloughSupreme Court of North Carolina · 1925