Dickens v. . Ashe

3 N.C. 176

Opinion

Taylor, Judge,

(after a lengthy argument.) — If I make a mistake in giving judgment, it. caunei be said I nave done so without the assistance of counsel. * Much time has be consumed. The witness is competent to prove the fact he was adduced to prove. If he establishes the fact he was adduced to prove, still foe may be sued by Dickens for the contents of the notes j and this recovery against Milner, tffected by hi:; testimony, cannot be given in evidence for him. As to the other point, I admit that sio submission of the parties can i*ive jurisdiction to a court; and consequently, submitting to an answer, will not; yet if the court orders an account to be taken, and a report is made and exceptions taken and set for argument, it is ico late then to say that the demand is merely legal, and to move for « dismission of the bill. The cases which have been read, of dismissing a bill after answer, appear to have been where the answer has been brought on upon bill and answer; no case has been offered of a dismission after s. report made in pursuance of an imtrtecutory decree.

§lnere de hoc»

* Haywood.