John A. Long v. . A. T. Cole

66 N.C. 381

• Court: Supreme Court of North Carolina
• Decided: January 5, 1872
• Status: Published

Opinion

PearsoN, C. J.

The answer to the rule is considered, by this 'Court, as irresponsive and insufficient.

The error in the decree, in the original case, if there be any, •cannot be reheard or revised, under a rule to show cause, &e. To effect that purpose, the party must take such proceedings, .•as he may be advised.

The judgment of the Court below, is reversed. This will be •certified’to the end that such further proceedings may bo had, under the rule, as are agreeable to law.

The costs will be paid by the respondent, including the cost ■of the volumes of matter, which was unnecessarily copied and tsent up to this Court.

Per Cubiam. Judgment affirmed.