State Ex Rel. Lippard v. Roseman
Supreme Court of North Carolina
Civil ACTION, (suit on an administrator’s bond,) beard before "Cannon, J, at the Fall Term, 1873, of the Superior Court of EowaN County. At Fall Term, 1869, the action was referred to James E. ‘Kerr, who returned his report at Spring Term, 1873, at which term exceptions were filed to the report by both plaintiff and defendant.
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Civil ACTION, (suit on an administrator’s bond,) beard before "Cannon, J, at the Fall Term, 1873, of the Superior Court of EowaN County. At Fall Term, 1869, the action was referred to James E. ‘Kerr, who returned his report at Spring Term, 1873, at which term exceptions were filed to the report by both plaintiff and defendant. Before the report of the referee was filed, the counsel for the defendants served a notice on the plaintiff’s counsel, that they would move the Court, pursuant to the act of the General Assembly, of the session of 1866-’67, chap. 59, sec. 2, to submit the question of…
1Opinion of the CourtByNUM, J.
The facts of this case do not materially differ 'from those stated in the opinion of the Court in the preceding case of Armfield v. Brown.
As we there held that ch. §9, sec. 2, of the acts of 1866-’67 by virtue of which, a trial 'by jury was demanded, had been .repealed, that case is decisive of this and for the reasons there ■stated, the judgment ef the Coart below is affirmed.
The case is remanded, to be proceeded with, according to the course of the Court.
Pee Cttkiak. Judgment accordingly.
2Cited by4 opinions
- Keystone Driller Co. v. WorthSupreme Court of North Carolina · 1895
- Overby v. Fayetteville Building & Loan Ass'nSupreme Court of North Carolina · 1879
- State Ex Rel . Lippard v. . RosemanSupreme Court of North Carolina · 1875
- Mayo v. Commissioners of WashingtonSupreme Court of North Carolina · 1898