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98 N.C. 60

3 S.E 825

Strauss v. Frederick

Supreme Court of North Carolina

Decided September 15, 1887

Supreme Court of North Carolina · decided 1887-09-15

Civil ACTION, tried before GlarJc, Judge, at November Term, 1886, of Duplin Superior Court, upon' exceptions to a Referee’s report. There was judgment for the plaintiff, from which defendants appealed. The plaintiff, John Ii.

Decided 1887-09-15

Smith, C. J.,

¶1(after stating the case). There are no exceptions filed to the referee’s conclusions of law, nor specifically to the ruliñg of the Judge upon any of them, and the appeal consequently brings up no assigned error within the jurisdictional power of this Court, which has so often been said, and is so well understood, as not to require any citation of authority in support of the proposition.

¶2The last exception is in reference to matters, so far as we can see, wholly immaterial to the issues now before the Court, and if they had been, the Judge should have ordered a recommittal, in order that the omitted testimony be also reported, or a special direction to the referee to report it without a recommittal.

¶3There is no error, and the judgment must be affirmed, with such change of terms as the delay resulting from the appeal has produced.

¶4No error. Affirmed.

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