American Bible Society v. Executors of Hollister
Supreme Court of North Carolina
The bill is filed in this Court, for tbe purpose of reviewing a decree of this Court, heretofore made in the case of Taylor .and Taylor, executors of Hollister, against the American Bible Society and others, reported in T Ired. Eq. 201. The plaintiffs were defendants in that case, and the plaintiffs in tliat case, with some who were defendants, are made defendants in this case.
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The bill is filed in this Court, for tbe purpose of reviewing a decree of this Court, heretofore made in the case of Taylor .and Taylor, executors of Hollister, against the American Bible Society and others, reported in T Ired. Eq. 201. The plaintiffs were defendants in that case, and the plaintiffs in tliat case, with some who were defendants, are made defendants in this case. The bill sets out the pleadings and proceedings in that case, together with the final decree, and avers “ that said decree hath been duly enrolled among the records of said Supreme Court, all which appears by the…
1Opinion of the CourtPeaesoN, J.
The decrees of this Court aro not enrolled, strictly speaking, but are recorded, which is allowed to have the same effect. Judge Story says: “ In the State Courts ■of the United States, all decrees in Equity are matters of record,'and are deemed to be enrolled as of the term of the Court at which they are passed, whether actually enrolled or not.” Story’s Equity Pleading, sec. 403. Accordingly, there are several hills of review among the decisions of this Court, which hills are filed in the Courts of Equity helow, to review decisions of these Courts, and brought to this Court hy appeal, in…
2Cited by1 opinion
- Walton v. . GatlinSupreme Court of North Carolina · 1864