Eason v. . Billups
Supreme Court of North Carolina
This was a proceeding in the form of a petition to rehear a decree made in favor of the plaintiff against the defendant Eobert J. Saunders and others, at the last term of this Court.
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This was a proceeding in the form of a petition to rehear a decree made in favor of the plaintiff against the defendant Eobert J. Saunders and others, at the last term of this Court. The petition states among other things that an order had been made at the January Term, 1868, of the Court referring the matters in controversy between the parties to Jonathan W. Albertson, of Perquimans County, for a reportthat he made a report arid returned it in July, 1869, and that, at the last term, there being rio exceptióri to it, it was confirmed and a decree made in accordance with it. The petition…
1Opinion of the CourtPearson, C. J.
This application may be treated either as a petition to rehear, or as a motion to set aside the order of reference and the order confirming the report, and the decree pursuant thereto.
It is not strictly a petition to rehear because no error in matter of law is complained of. The error is in a matter of fact and relief can be given upon a petition in the nature of a petition to rehear, or upon a ¿notion to set aside the orders and decree ; provided a fact existed in the proceeding which was not called to the notice of the Court and which, had it been made known, would have prevented the…
2Cited by1 opinion
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