Supreme Court of North Carolina December 5, 1858 (Williams v. . Alexander)

Battle, J.

When this case was before us at December Term, 1857, (see 5 Jones’ Rep. 162,) it was submitted without any argument on the part of the plaintiff. Had our attention been called at that time to the authorities which the learning and industry of his counsel have now been able to produce, our decision would have been then, as it is now, in his favor.