Mitchell v. . Walker

Supreme Court of North Carolina

Mitchell v. . Walker

37 N.C. 621

DecidedJune 5, 1843

StatusPublished

This text of 37 N.C. 621 (Mitchell v. . Walker) 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

Mitchell v. . Walker, 37 N.C. 621 (N.C. 1843).

Pincite

Opinion

Gaston, J.

The defendants have excepte") to the report of the commissioner made in this cause, because he hath not *624 reported therewith the testimony, upon which it is made.— This exception must be allowed. The party, against whom any matter referred to a commissioner, hath been found, is entitled to appeal from his judgment to the court; and it is essential, therefore, that the testimony, heard by the commissioner upon that enquiry, should be all put in writing and accompany the report.

Per Curiam. .Report set aside.

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Gaston, J.

The defendants have excepte") to the report of the commissioner made in this cause, because he hath not *624 reported therewith the testimony, upon which it is made.— This exception must be allowed. The party, against whom any matter referred to a commissioner, hath been found, is entitled to appeal from his judgment to the court; and it is essential, therefore, that the testimony, heard by the commissioner upon that enquiry, should be all put in writing and accompany the report.

Per Curiam. .Report set aside.

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Bluebook (online)

37 N.C. 621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-walker-nc-1843.