Strauss v. Frederick
Supreme Court of North Carolina
Civil ACTION, tried before GlarJc, Judge, at November Term, 1886, of Duplin Superior Court, upon' exceptions to a Referee’s report. There was judgment for the plaintiff, from which defendants appealed. The plaintiff, John Ii.
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Civil ACTION, tried before GlarJc, Judge, at November Term, 1886, of Duplin Superior Court, upon' exceptions to a Referee’s report. There was judgment for the plaintiff, from which defendants appealed. The plaintiff, John Ii. Strauss, early in November, 1872, executed a note in the sum of five thousand dollars to the partnership firm of Frederick & Son, which was constituted of the defendant Norris Frederick and William C. Frederick at their instance, and to be used in conducting their business; and said note was indorsed to and discounted by the First National Bank of Wilmington, and the…
1Opinion of the Court
Smith, C. J.,
(after stating the case). There are no exceptions filed to the referee’s conclusions of law, nor specifically to the ruliñg of the Judge upon any of them, and the appeal consequently brings up no assigned error within the jurisdictional power of this Court, which has so often been said, and is so well understood, as not to require any citation of authority in support of the proposition.
The last exception is in reference to matters, so far as we can see, wholly immaterial to the issues now before the Court, and if they had been, the Judge should have ordered a recommittal, in…
2Cited by2 opinions
- Harris v. . SmithSupreme Court of North Carolina · 1907
- Conestee Chemical Co. v. LongSupreme Court of North Carolina · 1922