Hays v. . Hays

Supreme Court of North Carolina

Hays v. . Hays

64 N.C. 59

DecidedJanuary 5, 1870

StatusPublished

This text of 64 N.C. 59 (Hays v. . Hays) 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

Hays v. . Hays, 64 N.C. 59 (N.C. 1870).

Pincite

Opinion

Reade, J.

When the defendant’s exceptions to the report were sustained, it was the privilege of the plaintiff to appeal from the ruling of his Honor, and present the whole case to this court: but the plaintiff was deprived of that privilege by the order dismissing the bill. We consider the case before us not upon the merits, but upon the appeal from the order dismissing it. That was clearly erroneous.

This will be certified, &c.

Per. Curiam. Order reversed.

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Reade, J.

When the defendant’s exceptions to the report were sustained, it was the privilege of the plaintiff to appeal from the ruling of his Honor, and present the whole case to this court: but the plaintiff was deprived of that privilege by the order dismissing the bill. We consider the case before us not upon the merits, but upon the appeal from the order dismissing it. That was clearly erroneous.

This will be certified, &c.

Per. Curiam. Order reversed.

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Bluebook (online)

64 N.C. 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hays-v-hays-nc-1870.