Junge v. MacKnight

This cause is before us upon a petition to rehear. After a full and anxious consideration we are of the opinion that the petition should be allowed and the judgment *286of the Superior Court affirmed, thus reversing the decision of this Court. 135 N. C., 105. We are not inadvertent to the well-settled rule of this Court recognized and adhered to in a number of cases which will be found collected in Clark’s Code, Rule 53, p. 943. We are of the opinion that in respect to a question of practice, especially where, in a matter of which we are compelled to take notice, the almost uniform custom has…