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122 N.C. 409

29 S.E 370

Kerr v. . Hicks

Supreme Court of North Carolina

Decided March 22, 1898

Supreme Court of North Carolina · decided 1898-03-22

■ Civil action tried before Allen, J., and a jury at Fall Term, 189†, of Sampson Superior Court. A jury trial was had upon certain exceptions to a referee’s report, and, after a verdict on the issues, the cause was recommitted to the referee to have the report conformed to the verdict. From the order re-referring the case the defendant appealed.

Decided 1898-03-22

Per Curiam:

¶1 This case was referred, and on coming in of the report certain issues were eliminated and submitted to the jury. After the verdict thereon the cause was recommitted to the referee with instructions to revise and conform his report in accordance with the verdict, and also to correct his calculations of interest to the basis of 6 per cent. The defendant appealed. The appeal is premature. The defendant should have caused his exception to be entered, and can appeal from the final judgment. Wallace v. Douglas, 105 N. C., 42, in which it is said, quoting Grant v. Reese, 90 N. C., 3, “Slight attention to the decisions of the Court would prevent miscarriages like the present and facilitate the administration of justice.”

¶2 Appeal dismissed.

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