Opinion

Bruce & Cook v. Crabtree

  • 116 N.C. 528
  • 21 S.E. 194
Court
Supreme Court of North Carolina
Filed
Feb 5, 1895
Status
Published
Author
Furohes
On the bench
Furohes
Cited by
2 cases
Authority
More cited than 68.1%

The opinion

Furohes,

J.:

This is a proceeding supplemental to execution, commenced before the Clerk of Lenoir County, an appeal from his order to

Brown, Judge,

and an appeal by J. L. Hartsfield from the order of

Judge Brown,

which is as follows:

“I am of opinion that under the affidavit filed it is perfectly competent for the plaintiff to examine J. L. Harts-field in the proceeding' to ascertain what sum, if any remains in his hands and what may be due aiid belonging to C. ~W. Crabtree, after discharging the trust, and to ascertain that it is competent to examine said Hartsfield concerning his administration of the trust, what he received, what h'e has paid out and to whom, etc.

“This cause is remanded to the Clerk to proceed with in accordance with this opinion. The cost of the apjfeal is taxed against the appellees and appellant equally.

Brown, JJ

"We see no error in the order appealed from, nor do we see what right J. L. Hartsfield had to take an appeal, nor do we see what interest he has in this controversy.

But this is not a final judgment, but only an interlocutory order from which no appeal lies.

Clement

v.

Foster,

39 N. C., 255 .

Appeal Dismissed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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