Vance County NcArchives Court.....J. P. & B. L. Arrington, Pattie D. B. Arrington V. 1906
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File contributed for use in USGenWeb Archives by:
Connie Ardrey n/a November 29, 2011, 10:43 am

Source: N C Reports
Written: 1906

Arrington v. Arrington

(Filed September 25, 1906)

Reinstatement of Case - Practice

A motion to reinstate a case upon the docket was properly denied, where it 
appears that all matters in controversy were decided in an opinion by this 
Court at February Term, 1894, and the case was remanded in order that judgment 
might be entered in accordance with the opinion of the Court, and there was 
nothing presented which discloses a necessity for reinstating the case.

Action by Pattie D. B. Arrington against J. P. and B. L. Arrington, heard by 
Judge G. W. Ward at the May Term, 1906, of the Superior Court of Vance upon 
motion by plaintiff to reinstate the case upon the civil issue docket. From an 
order denying the motion, the plaintiff appealed.

The plaintiff file a manuscript brief.

Per Curiam. We gather from the manuscript argument filed in this Court by the 
plaintiff, in person, that her object in desiring a reinstatement of the cause 
is to reopen the same and have another reference. The case came before this 
Court at February Term, 1894 (114 NC, 151), and upon exceptions to the report 
of the referee. In an elaborate opinion by Shepherd, C. J., all the matters in 
controversy were decided and "the case remanded in order that judgments may be 
entered in accordance with the opinion of this Court." The record of the case 
since then is not before us, but we assume as a matter of course that such 
final judgments have long since been entered.

There was nothing presented to Judge Ward, or in the papers sent here on this 
appeal from his order, which discloses a necessity for a further reference or 
for reinstating the case on the docket of the Superior Court. The order of his 
Honor in the Superior Court is 

Affirmed

Additional Comments:
In the NC Supreme Court Fall Term 1906

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