Wittkowsky v. . Logan

86 N.C. 540

• Court: Supreme Court of North Carolina
• Decided: February 5, 1882
• Status: Published

Opinion

Ashe, J.

The law requires every one who excepts to a report of a referee or commissioner to file his exceptions thereto, at the term of the court to which the report is submitted ; he can claim no further time as a matter of right; after that term he can only file them by leave of the court granted in the exercise of its discretion. Here, the defendant failed to file his exceptions at the spring term to which the report was- made, and upon his motion ninety days were given him in which to file them. He failed again to do so,- and then at the subsequent term asked to file them., but His Honor refused the motion. It was a matter entirely within his discretion over the exercise of which we have no eontroh

The case of Long v. Logan, ante 535, with the authorities there cited, is decisive of this case. If anything, this is a stronger case against the defendan than that j for there, his motion was based upon an affidavit in which he undertook to excuse his laches, but in this ease there is no exbus© offered.

There is no error. This must be certified to the superior court of Rutherford that further proceedings may be had according to law.

No error.- Affirmed.