Supreme Court of North Carolina, 1872

John A. Long v. . A. T. Cole

Supreme Court of North Carolina · Decided January 5, 1872 · PearsoN

66 N.C. 381

Counsel

John A. Long appeared and answered the rule as follows: "A bill in equity was filed by him against the defendants and others for an account of partnership between the defendants and himself. That an answer was filed and a reference made under an order of the Court at Fall Term, 1870. A report was made by the commissioners and a decree entered, confirming the report and declaring that the report should be the judgment of the Court. That the cause was heard by the presiding Judge on Wednesday night of the first week of the term and on the eve of adjournment and as he believes in a hurried manner; and that owing to the haste, and hurried manner in which the same was heard and the decree entered he believes that great injustice was done him. That he was advised that great errors were made by the commissioner in his report, and that he received evidence which was excepted to and which was illegal."

Opinion of the Court

PearsoN, C. J.

The answer to the rule is considered, by this 'Court, as irresponsive and insufficient.

The error in the decree, in the original case, if there be any, •cannot be reheard or revised, under a rule to show cause, &e. To effect that purpose, the party must take such proceedings, .•as he may be advised.

The judgment of the Court below, is reversed. This will be •certified’to the end that such further proceedings may bo had, under the rule, as are agreeable to law.

The costs will be paid by the respondent, including the cost ■of the volumes of matter, which was unnecessarily copied and tsent up to this Court.

Per Cubiam. Judgment affirmed.

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