Joseph Merwin v. . Joseph L. Ballard
Supreme Court of North Carolina
Petition to rehear this case, which was decided at January Term, 1871, and reported in 65 N. C. 168, The facts upon which the petition is based, are found in the opinion of the Court in the volume referred to. Petition was filed at January Term, 1871.
1Opinion of the CourtDice, J.
The various changes made in the C. C. P. by the Legislature have tended to produce some confusion in pleading and procedure in <he Courts, and have given rise to many questions as to the proper construction of these amendatory statutes.
The act ratified on the 28th day of March, 1870, chap. 205, was not called to our attention when this case was argued at a previous Term, (65 N. C. R. 168) but it does not affect that decision. The act, in express terms, is declared to be in force from and after its ratification, and it had no operation previous to that date. Hamlet v. Taylor, 5 Jones, 36.
This…
2Cases cited1 opinion
- Parker v. . SmithSupreme Court of North Carolina · 1870
3Cited by5 opinions
- Ashley v. . BrownSupreme Court of North Carolina · 1930
- Waddill v. . MastenSupreme Court of North Carolina · 1916
- Jarman v. . WardSupreme Court of North Carolina · 1872
- Adrian v. . JacksonSupreme Court of North Carolina · 1876
- State Ex Rel. Cook v. MearesSupreme Court of North Carolina · 1895