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Battle, J. His Honor erred in not allowing the defendant until the second term after issue was joined by the putting in of a replication to the answer, to take testimony, and in setting the cause down for hearing, hearing it and making a decree at the first term after the joining of such issue. See Rev. Code, ch. 32, s. 3, rule 5.
The order appealed from must be reversed, and a certificate to that effect sent to the court below.
Per Curiam. Order reversed.
Document Info
Citation Numbers: 62 N.C. 339
Judges: Battle
Filed Date: 1/15/1868
Precedential Status: Precedential
Modified Date: 7/29/2022