Bledsoe v. . Nixon .
Supreme Court of North Carolina
This was a civil action commenced in the Superior Court of Wake county on the 5th of April, 1873, and brought for the purpose of obtaining a new trial on account of newly-discovered testimony, under the following circumstances : The plaintiff had brought the original suit against the defendants for the purpose of obtaining an account and settlement of certain matters of difference between him and Jere. Nixon, the intestate of the defendant, Macy.
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This was a civil action commenced in the Superior Court of Wake county on the 5th of April, 1873, and brought for the purpose of obtaining a new trial on account of newly-discovered testimony, under the following circumstances : The plaintiff had brought the original suit against the defendants for the purpose of obtaining an account and settlement of certain matters of difference between him and Jere. Nixon, the intestate of the defendant, Macy. The case was referred to a referee, and upon stating the account, the plaintiff claimed as a credit the price of a certain tract of land called the…
1Opinion of the Court
Under the present system justice is administered according to the principles of law and equity as heretofore established, by one tribunal. The distinction between actions at law and suits in equity, and the forms of all such actions and suits is abolished, and the Courts proceed according to C.C.P. and the other statutes concerning pleading and practice, and such rules of procedure as this Court may from time to time adopt.
It follows that the cases cited by the counsel of the defendant in regard to the mode of proceedure [procedure] before the Chancellor in England on the equity side of his…
2Cases cited2 opinions
- Jarman v. . SaundersSupreme Court of North Carolina · 1870
- Heilig and Others v. . Stokes and PenningtonSupreme Court of North Carolina · 1869
3Cited by27 opinions
- Matthews v. . JoyceSupreme Court of North Carolina · 1881
- Carson v. . DellingerSupreme Court of North Carolina · 1884
- Hoke v. Atlantic Greyhound Corp.Supreme Court of North Carolina · 1947
- State v. StarnesSupreme Court of North Carolina · 1886
- Green v. . GriffinSupreme Court of North Carolina · 1886
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