State Ex Rel. Whitford v. Foy
Supreme Court of North Carolina
This is the same case as was before the Court at Januaiy Term, 1871, (see 65 N. C. Rep. 265,) in the statement of which by Justice RodmaN, the whole facts are fully set out. At the last Term it was re-referred to the Clerk of this Court to modify and correct his report, which was done, when both parties excepted. The exceptions are stated in the opinion of the Court.
1Opinion of the CourtRodmaN, J.
When the case was before us at January Term, 1871, (65 N. C. Rep. 265,) we considered and decided on all the exceptions to the report of the commissioners then made. It was reasonably supposed that in the matters not excepted to, the report was correct and satisfactory, and that by correcting the errors pointed out it would present a true result of the defendant’s dealings as guardian. The order of the Court was made upon that idea and directed its Clerk to reform the account by rectifying the particular errors. If this order failed to meet the merits of the case, if the original report wag…
2Cases cited1 opinion
- State Ex Rel. Whitford v. FoySupreme Court of North Carolina · 1871
3Cited by4 opinions
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- Currie v. . McNeillSupreme Court of North Carolina · 1880
- Battle v. . MayoSupreme Court of North Carolina · 1889
- Green v. . CastleberrySupreme Court of North Carolina · 1877