Wilcox's Adm'r v. Wilkinson's Ex'r
Supreme Court of North Carolina
The complainant’s intestate filed liisbillagainst the defendant’s testator; the object of which was, to set aside an award which had been made between the parties, ami to open accounts on which the award was founded ; and the Court, many years ago, passed an interlocutory decree to that effect. The defendant preferred a petition praying a re-hearing ; which was had, and his petition overruled.
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The complainant’s intestate filed liisbillagainst the defendant’s testator; the object of which was, to set aside an award which had been made between the parties, ami to open accounts on which the award was founded ; and the Court, many years ago, passed an interlocutory decree to that effect. The defendant preferred a petition praying a re-hearing ; which was had, and his petition overruled. The accounts were referred to a Master, who reported a large sum against the defendant. He filed exceptions to the report which had stood some years for argument, when he preferred a second petition…
1Opinion of the Court
By the Court_
The act of Assembly establishing the Courts of Equity in this State, is silent with respect to the mode of proceeding on re-hearing; but in order to ascertain the authority they are to'exercise, and the course of procedure in cases not especially provided for, a general reference is made to the former Court of Chancery, and to the power rightfully incident to such a Court. •
It would be extremely difficult to discover the rules of practice which formerly obtained here, as well from the total want of any memorials of the decisions of this Court? as from the loss or dispersion of…
2Cited by2 opinions
- Wilcox's Executors v. M'Lain's ExecutorsSuperior Court of North Carolina · 1802
- Williams v. . WilliamsSupreme Court of North Carolina · 1874