Gee v. . Hines

62 N.C. 315

• Court: Supreme Court of North Carolina
• Decided: January 5, 1868
• Status: Published

Opinion

Pearson, C. J.

There is nothing to distinguish this case from Rogers v. Holt, ante, 108, and the other cases cited in support of the demurrer.

These authorities are decisive.

We cannot without confounding all idea of equity pleading adopt the suggestion of Mr. Moore, that this bill (for it has all of the requisites of an original both in form and substance) may be treated as a mere notice of a motion in a cause.

Let the demurrer be allowed and the bill be dismissed.

Per Curiam.

Bill dismissed.