Douglas v. . Caldwell
Supreme Court of North Carolina
Bill in Equity, filed in 1867, before Cloutl, upon a motion to refer, at Eall Term 1869 of Bowan Court. Tbe point involved is one of practice, and requires no further statement of facts than appears in tbe opinion. His Honor ordered tbe issues to be referred, and tbe defendant appealed.
1Opinion of the CourtSettle, J.
This was a bill in equity, filed in 1867, praying that a release, executed by tbe plaintiff to tbe defendant, might be set aside, and an account re-opened for a settlement of tbe accounts of the defendant, as guardian of tbe plaintiff. Tbe plaintiff alleges that in executing tbe release, be was over-reached by tbe defendant. Tbe allegations of tbe bill are denied by tbe defendant’s answer. Tbe cause was regularly transferred from tbe Court of Equity of Bowan County, to the Superior Court of said county, and stood under the order of “replication and commissions.” At Fall Term 1869, the Court,…
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