Smith v. . Mallett

Superior Court of North Carolina

Smith v. . Mallett

3 N.C. 182

Superior Court of North Carolina·Decided July 5, 1802·Published

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.

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

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