Rogers v. . Hinton
Supreme Court of North Carolina
Bill, reheard upon petition by the defendants. The case as originally heard, is reported in Phil. Eq., p. 101. 1. The case of Leigh v. Smith, 3 Ire. Eq., 442, which is assumed by the Court in its former opinion to be decisive of the present case, differs from it in two marked particulars.
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Bill, reheard upon petition by the defendants. The case as originally heard, is reported in Phil. Eq., p. 101. 1. The case of Leigh v. Smith, 3 Ire. Eq., 442, which is assumed by the Court in its former opinion to be decisive of the present case, differs from it in two marked particulars. There, the duty out of which the debt arose was incurred by the/eme covert, dum sola, and so the debt bound her after coverture, (1 Ch. PI. 42,44, Tidd. 1026;) here the debt (?) was contracted after coverture, and so, as a general debt, is v&id ; there, also, the interest subjected was personalty, whilst…
1Opinion of the Court
Battle J.
This is a proceeding by petition to rehear the decree made in the cause at January Term 1867. Seethe case as reported in Phil. Eq. 101. When the cause was first heard it was very fully and ably argued by the counsel on. both sides, was carefully considered by us, and the opinion then filed was the result of our deliberate judgment. The questions involved in the cause have been again argued with more than ordinary zeal and ability by the counsel, have received our anxious attention, and yet we are unable to discover any error in the decree.
It is a matter of regret that the limited…
2Cited by1 opinion
- Bass v. . BassSupreme Court of North Carolina · 1878