Rhyne v. . Love
Supreme Court of North Carolina
This is a civil ACTION, which was tried before Montgomery, Judge, upon exceptions to referee’s report, at Spring Term, 1887, of the Superior Court of GastoN county.
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This is a civil ACTION, which was tried before Montgomery, Judge, upon exceptions to referee’s report, at Spring Term, 1887, of the Superior Court of GastoN county. The action is by one partner against the other for an account and settlement of the firm business, which, in general merchandise, commenced in the Spring of 1871 and terminated early in February, 1874, and in the ginning and pressing of cotton, afterwards superadded, which was dissolved in the Summer of 1877. The complaint alleges that the defendant wás the active member during the existence of the partnership, and that he…
1Opinion of the Court
Smith, C. J.,
(after stating the case). The record, like many others brought up for a review of rulings of the Court, in one of which (Bank v. The Law. Man. Co., 96 N. C., 298), we took occasion to state the proper practice in cases of appeal, when the exceptions were solely to the referee’s report, shows no exceptions to the rulings of the Court, which alone, upon matters of law, can be reviewed on appeal.
Of these exceptions, such as relate to the referee’s findings of fact, are conclusively disposed of by the Judge in the Court below, and are not cognizable here; and this included alleged…
2Cases cited1 opinion
- Traders National Bank v. Lawrence M'f'g Co.Supreme Court of North Carolina · 1887
3Cited by10 opinions
- Nissen v. Genesee Gold Mining Co.Supreme Court of North Carolina · 1889
- State ex rel. Robertson v. JacksonSupreme Court of North Carolina · 1922
- Baker v. . BrownSupreme Court of North Carolina · 1909
- Howerton v. . SextonSupreme Court of North Carolina · 1889
- Battle v. MercerSupreme Court of North Carolina · 1924
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