Every order made in the progress of a cause may be rescinded or modified, upon a proper case being made out.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.
Ashe v. Moore, 6 N.C. 383, 2 Mur. 383 (1818)
July 1818
·
Supreme Court of North Carolina
6 N.C. 383, 2 Mur. 383
IN EQUITY.
Ashe v. Moore et al
From New-Hanover.
.Every order made in the progress of a cause, may be rescinded or modified, upon a proper case being made out.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 *384November 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. complainant’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.