Tilley v. . Bivens
Supreme Court of North Carolina
Civil ACTION, heard upon motion to confirm report of referee at January Term, 1891, of Durham Superior Court, Boykin, J., presiding. This is a special proceeding, brought by the plaintiff administrator with the will annexed, to obtain a license to sell the real estate of his testatrix to make assets to pay debts, etc. The defendant denied that the estate was chargeable with debts as alleged, and denied that there was necessity for sale of the land, etc.
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Civil ACTION, heard upon motion to confirm report of referee at January Term, 1891, of Durham Superior Court, Boykin, J., presiding. This is a special proceeding, brought by the plaintiff administrator with the will annexed, to obtain a license to sell the real estate of his testatrix to make assets to pay debts, etc. The defendant denied that the estate was chargeable with debts as alleged, and denied that there was necessity for sale of the land, etc. By consent of parties there was an order of reference to take and state an account, etc. The referee took evidence at great length, found the…
1Opinion of the Court
Merrimon, C. J.:
It appears that there were one hundred and seventy-five “ objections” to evidence before the referee, most of which seem to have been merely captious. There is no assignment of error, nor does the “ objection ” suggest the ground of it. Mere objection does hot serve the purpose of an exception, and the latter, when made, must specify in terms or by intelligent implication what the ground of it is; otherwise, it must go for naught. This is required by the statute as well as the settled practice of'this Court. The Code, § 412, par. 2; Suit v. Suit, 78 N. C., 272; Cooper v.…
2Cases cited4 opinions
- Battle v. MayoSupreme Court of North Carolina · 1889
- Cooper v. MiddletonSupreme Court of North Carolina · 1886
- Joyner v. StancillSupreme Court of North Carolina · 1891
- Suit v. . SuitSupreme Court of North Carolina · 1878
3Cited by7 opinions
- Town of Burnsville v. BooneSupreme Court of North Carolina · 1950
- Murphy v. SmithSupreme Court of North Carolina · 1952
- Battle v. . MayoSupreme Court of North Carolina · 1889
- Wilson Ford Tractor, Inc. v. Massey-Ferguson, Inc.Court of Appeals of North Carolina · 1992
- Joyner v. . StancillSupreme Court of North Carolina · 1891
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