Anonymous, 2 N.C. 519, 1 Hayw. 519 (1796)

Oct. 1796 · North Carolina Superior Court

2 N.C. 519, 1 Hayw. 519

Anonymous.

In this case the question was, how the two terms .should be computed, within which, a complainant or an injunction bill, must proceed after the dissolution of his injunction, whether the present term not being yet ended, should be reckoned as one, this being the second, exclusive of that wherein the dissolution took place.

Per curiam

The present term is to be accounted the second, and if he has not proceeded before we come regularly to his cause on the Equity days, his cause shall be dismissed ; and the suit in the present case was dismissed. But on the last day of the term the Defendant’s counsel being absent, Mr. Hay shewed that the complainant actually had proceeded within time, and the dismission was ordered to be stricken out.

Note. — Vide Anonymous, ante 162, anti the cases there referred to.