Smith v. . Mallett

Superior Court of North Carolina

Smith v. . Mallett

3 N.C. 182

DecidedJuly 5, 1802

StatusPublished

This text of 3 N.C. 182 (Smith v. . Mallett) 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. . Mallett, 3 N.C. 182 (N.C. Ct. App. 1802).

Pincite

Opinion

JOHNSTON., Judge.

The bill is brought for an account, and r~' the answer states facts from whence it is inferred, and perhaps properly, that the defeudantis not liable to account. There ha* been however a former order to refer to the master to take account, and I will not alter that; for should such a practice be adopted a latter court would always be examining the propriety of what a former court had done. When the report shall be made, and the cause shall come to a hearing, the court will not deejee hija t® pay if they shall deem him not liable to account.

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JOHNSTON., Judge.

The bill is brought for an account, and r~' the answer states facts from whence it is inferred, and perhaps properly, that the defeudantis not liable to account. There ha* been however a former order to refer to the master to take account, and I will not alter that; for should such a practice be adopted a latter court would always be examining the propriety of what a former court had done. When the report shall be made, and the cause shall come to a hearing, the court will not deejee hija t® pay if they shall deem him not liable to account.

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Bluebook (online)

3 N.C. 182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-mallett-ncsuperct-1802.