Dumas v. . Morrison
Supreme Court of North Carolina
Civil actioN, beard by Long, J., at July Term, 1917, of EichMONd. Tbe plaintiff sued for tbe recovery of a balance alleged to be due on a contract between bim and tbe defendants for tbe building of a cburcb at Eockingbam of which tbe defendants were trustees.
Read the full summary
Civil actioN, beard by Long, J., at July Term, 1917, of EichMONd. Tbe plaintiff sued for tbe recovery of a balance alleged to be due on a contract between bim and tbe defendants for tbe building of a cburcb at Eockingbam of which tbe defendants were trustees. Tbe case was referred, by consent of parties, and tbe referee made bis report, to which exceptions were filed by defendants, and among them this one appears: “For tbat tbe referee finds tbat tbe defendants are due tbe plaintiff tbe sum of $908, whereas, under all tbe evidence be should bave found tbat tbe plaintiff bad breached tbe…
1Opinion of the Court
"WalKER, J.,
after stating the case: The real question in this case is whether the judge had power to set aside the findings of the referee or the most of them, and find the facts anew from the evidence taken and reported by the referee. The plaintiff says that he could not do so, because there were no exceptions to the referee’s findings which justified such a course. We do not so understand the record. The defendants filed eleven exceptions to the referee’s report, and every one of them (save one which is to the form of the report) was taken to the findings of fact, and these ten of them are…
2Cases cited7 opinions
- Credle v. . AyersSupreme Court of North Carolina · 1900
- Miller v. . GroomeSupreme Court of North Carolina · 1891
- Highland v. IceWest Virginia Supreme Court · 1915
- Wallcae Bros. v. DouglassSupreme Court of North Carolina · 1889
- Cummings v. . SwepsonSupreme Court of North Carolina · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Abbitt v. . GregorySupreme Court of North Carolina · 1931
- Anderson v. . McRaeSupreme Court of North Carolina · 1937
- Wadford v. . GilletteSupreme Court of North Carolina · 1927
- Caldwell v. . RobinsonSupreme Court of North Carolina · 1920
- Dent v. English Mica Co.Supreme Court of North Carolina · 1937
11 more not listed; retrieve them via the Exa API.