Smith v. . Estes

Superior Court of North Carolina

Smith v. . Estes

3 N.C. 156

DecidedJuly 5, 1801

StatusPublished

This text of 3 N.C. 156 (Smith v. . Estes) is published on Counsel Stack Legal Research, covering Superior Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. . Estes, 3 N.C. 156 (N.C. Ct. App. 1801).

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Opinion

Judge JJall

now renewed that order, though it was strenuously urged there had never been a decree to account. He did it he said, upon the ground of the former order ; but he considered the practice to be in some cases, ‘hat such a reference did not preclude the parties from insisting that he Ought not to be decreed to account. And owing to the particular circumstances of this ca£e, he would consider that the reference should not conclude, if the merits ware with the defendant; but he would not order that the said reference should not preclude Mallett fretft insisting that he should not be decreed to account-»

Sjntre-de hoc»

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Judge JJall

now renewed that order, though it was strenuously urged there had never been a decree to account. He did it he said, upon the ground of the former order ; but he considered the practice to be in some cases, ‘hat such a reference did not preclude the parties from insisting that he Ought not to be decreed to account. And owing to the particular circumstances of this ca£e, he would consider that the reference should not conclude, if the merits ware with the defendant; but he would not order that the said reference should not preclude Mallett fretft insisting that he should not be decreed to account-»

Sjntre-de hoc»

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Bluebook (online)

3 N.C. 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-estes-ncsuperct-1801.