Let the reference take place, and the report-foe made on the second equity dav of this term; and if not then made, the bill and answer shall be read and,the injunction dissolved or continued. This was on the fi¡ st equity day.
M'Kinzie v. Smith, 3 N.C. 407, 2 Hayw. 407 (1806)
May 1806
·
North Carolina Superior Court
3 N.C. 407, 2 Hayw. 407
Wilmington,
May Term, 1806.
M'Kinzie vs. Smith.
T3 ILL in equity for an injunction against an execution at law. JJ* The cause being now called in course, Mr. Gaston, for the plaintiff, moved the court that the answer might be referred to the master for impertinence ; saying he had perused the answer, aad a great part of it was irrelevant to the matter in controversy.
E contra.
Whatever the practice may be in England, it is manifest we have not adopted nor cannot adopt all the English rules of practice -without great inconvenience s Our rules should be adapted to our circumstances. Here the court is open but three days ; it would operate as a delay of six months to the common law execution; Should such a reference be made without examining upon the bill and answer whether the injunction should be dissolved or continued? Let us read them aad consider of that part, and afterwards let the reference prayed take place, and let the defendant pay for his scandal or impertinence if he has been guilty of either.