Dillard v. Hiawassee River Power Co.

Supreme Court of North Carolina

Dillard v. Hiawassee River Power Co.

97 S.E. 824, 177 N.C. 109, 1919 N.C. LEXIS 79

DecidedJanuary 3, 1919

StatusPublished

This text of 97 S.E. 824 (Dillard v. Hiawassee River Power Co.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dillard v. Hiawassee River Power Co., 97 S.E. 824, 177 N.C. 109, 1919 N.C. LEXIS 79 (N.C. 1919).

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Opinion

Pee Oubiam.

This is an action brought by the plaintiffs to recover-of the defendant for legal services rendered the defendant. The defendant, answering the complaint, averred it had paid the plaintiffs the sum of $1,800 for said services, -and that this was all their services were-reasonably worth.

The case was referred to J. D. Mallonee, referee, to state the account-between the. parties. The referee heard the matter and reported his findings of fact and conclusions of law to April Term, 1918, of the Superior • Court, and it was heard upon exceptions to the referee’s report, before - Judge Lane. His Honor sustained all the findings and rulings of the referee and overruled all exceptions to the referee’s report, as well as all objections taken by the defendant to the evidence as it was taken before • the referee and rendered judgment for plaintiffs. The defendant excepted and appealed to the Supreme Court.

The first thirty-nine exceptions were taken to the referee’s report, to-both his findings of fact and conclusions of law, and whether these exceptions, or any of them, should be sustained, it is admitted, depends-, largely upon the consideration of the exceptions to the testimony of the ■ plaintiff Hill and that of Norvell, a witness for the plaintiff, the latter-having testified as an expert.

"We have examined the numerous exceptions and think they cannot be-, sustained, and that it is needless to discuss them.

Affirmed.

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Pee Oubiam.

This is an action brought by the plaintiffs to recover-of the defendant for legal services rendered the defendant. The defendant, answering the complaint, averred it had paid the plaintiffs the sum of $1,800 for said services, -and that this was all their services were-reasonably worth.

The case was referred to J. D. Mallonee, referee, to state the account-between the. parties. The referee heard the matter and reported his findings of fact and conclusions of law to April Term, 1918, of the Superior • Court, and it was heard upon exceptions to the referee’s report, before - Judge Lane. His Honor sustained all the findings and rulings of the referee and overruled all exceptions to the referee’s report, as well as all objections taken by the defendant to the evidence as it was taken before • the referee and rendered judgment for plaintiffs. The defendant excepted and appealed to the Supreme Court.

The first thirty-nine exceptions were taken to the referee’s report, to-both his findings of fact and conclusions of law, and whether these exceptions, or any of them, should be sustained, it is admitted, depends-, largely upon the consideration of the exceptions to the testimony of the ■ plaintiff Hill and that of Norvell, a witness for the plaintiff, the latter-having testified as an expert.

"We have examined the numerous exceptions and think they cannot be-, sustained, and that it is needless to discuss them.

Affirmed.

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Bluebook (online)

97 S.E. 824, 177 N.C. 109, 1919 N.C. LEXIS 79, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dillard-v-hiawassee-river-power-co-nc-1919.