18 S.E. 694 | N.C. | 1893
The exceptions are noted in the opinion of Associate Justice Clark. (For former appeal in same case, see
The plaintiff's second exception was made at January Term, 1893, for that in reforming the account the referee had failed to make a deduction of $41.75, allowed by the court in voucher number 10, from the sum total of the debits. It seems to us from inspection of the account that the deduction was made. But as the account must be reformed by *289 reinstating vouchers 11 to 17 inclusive, the inadvertence, if such there be in regard to this $41.75, will be corrected.
The plaintiff further excepted at the final judgment to any judgment being entered, upon the ground that there are no pleadings (393) in the cause. This proceeding was instituted by the plaintiff seven years ago. It has been referred three times, with four reports made. There have been numerous orders and two final judgments in the court below, and the case is now for the second time in this Court. The objection came too late. Stancill v. Gay,
The plaintiff further excepts in this Court, for the first time and oretenus, on the ground of a want of jurisdiction, in that the action was instituted before the clerk originally. This he can do — Rule 27 of this Court. But the objection is unfounded. Donnelly v. Wilcox, post, 408. The clerk has jurisdiction of settlements between guardian and ward, and, of course, of settlements between guardian and the ward's personal representative. The Code, sec. 1619; McNeill v. Hodges,
The judgment thus modified as indicated, is affirmed. The costs of this Court will be taxed against the appellee. The Code, sec. 540.
Modified and affirmed.
Cited: Elliott v. Tyson,
(394)