if he will shew by affidavit or otherwise, satisfactorily, that the former answer did not make as good a, defence for him as he can now make, the hearing shall be postponed, and he shall be at liberty to put in a new answer 3 but unless he shews that, the cause shall he heard.
Mason v. Debow, 3 N.C. 178, 2 Hayw. 178 (1802)
April 1802
·
North Carolina Superior Court
3 N.C. 178, 2 Hayw. 178
Mason vs. Debow and others.
Bill in Equrnr.
up HE defendant had died, and it was stated to the court that his heirs had been made parties by bill of revivor; that they were infants at the time of the revivor, and had answered ; that one of them had now come of age, and was desirous to make a new defence. This cause had been set for hearing some terms ago, and was now moved to be heard by the plaintiff’s counsel.