Legal Opinion

Mills v. Apex Insurance & Realty Co.

Supreme Court of North Carolina

Decided October 24, 1928PublishedCited by 11 opinions

1Opinion of the CourtBbogdeN, J.

Can the trial judge, upon the submission of the report of a referee, in a compulsory reference, resubmit the cause to another referee with power to reopen and rehear the same?

C. S., 578, empowers a trial judge to “review the report, and set aside, modify or confirm it in whole or in part,” etc. This supervisory power is broad and comprehensive. Dumas v. Morrison, 175 N. C., 431, 95 S. E., 775. In the exercise of the power the trial judge may recommit the report for the correction of errors and irregularities, or for more definite statement of facts or conclusions of law, and such order…

2Cases cited4 opinions

  1. State ex rel. Robertson v. JacksonSupreme Court of North Carolina · 1922
  2. Dumas v. . MorrisonSupreme Court of North Carolina · 1918
  3. Lutz v. . ClineSupreme Court of North Carolina · 1883
  4. Coleman v. . McCulloughSupreme Court of North Carolina · 1925

3Cited by11 opinions

  1. Abbitt v. . GregorySupreme Court of North Carolina · 1931
  2. Thigpen v. Farmers Banking & Trust Co.Supreme Court of North Carolina · 1932
  3. Wallace v. . BennerSupreme Court of North Carolina · 1931
  4. First Security Trust Co. v. LentzSupreme Court of North Carolina · 1928
  5. Gurganus v. McLawhornSupreme Court of North Carolina · 1937

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