New Hanover County, NC - Ashe v. Moore et al, 1818 From New Hanover In Equity Every order made in the progress of a cause may be rescinded or modified, upon a proper case being made out. The bill in this case was filed in 1804, and was demurred to. The demurrer was overruled, and the defendants ordered to answer by the Supreme Court; and at November Term, 1806, the records of New Hanover Court of Equity stated that the cause was set for hearing, with leave to take testimony. The cause was continued thereafter until April Term, 1817, when the record stated that it was set for hearing; and at April Term, 1818, it was ordered, "Upon reading the affidavit of William Watts Jones, Esq., complaintant's solicitor, ordered that this cause be continued, and that the order setting the same for hearing be set aside, and leave given to take testimony." From that part of the order giving leave to take testimony defendant appealed to this Court. Taylor, C.J. Every order made in the progress of a cause may be rescinded or modified, upon a proper case being made out. The affidavit laid before the presiding judge appears to have been sufficient to warrant the order appealed from. Cited: Shinn v. Smith, 79 NC, 313; Mebane v. Mebane, 80 NC, 39; Miller v. Justice, 86 NC, 31; Welch v. Kingsland, 89 NC, 181; Murrill v. Murrill, 90 NC, 124. Source: NC Reports July Term, 1818 NC Supreme Court Pg 281 ______________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Guy Potts - gpotts1@nc.rr.com ______________________________________________________________________