Supreme Court of North Carolina, 1898

Kerr v. . Hicks

Kerr v. . Hicks
Supreme Court of North Carolina · Decided March 22, 1898 · PER CURIAM.
29 S.E. 370; 122 N.C. 409; 1898 N.C. LEXIS 274 (South Eastern Reporter)

Kerr v. . Hicks

Opinion of the Court

Per Curiam:

This case was referred, and on coming in of the report certain issues were eliminated and submitted to the jury. After the verdict thereon the cause was recommitted to the referee with instructions to revise and conform his report in accordance with the verdict, and also to correct his calculations of interest to the basis of 6 per cent. The defendant appealed. The appeal is premature. The defendant should have caused his exception to be entered, and can appeal from the final judgment. Wallace v. Douglas, 105 N. C., 42, in which it is said, quoting Grant v. Reese, 90 N. C., 3, “Slight attention to the decisions of the Court would prevent miscarriages like the present and facilitate the administration of justice.”

Appeal dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.