Public-domain · open source
OpenJurist

1 N.C. 6

In Equity

Superior Court of North Carolina

Decided March 15, 1799

Superior Court of North Carolina · decided 1799-03-15

MOTION to dismiss an original bill in Equity, which had been drawn by the Master of the Court, and signed by him as Solicitor. urged, among other reasons, that such a practice, if tolerated, would have a most fatal effect upon the administration of justice, whose very sources it had a tendency to corrupt; that it was in truth, to constitute the Master Solicitor and Judge in the very same cause, thereby holding out a temptation to iniquitous judgment, irresistible to many…

Decided 1799-03-15

Macay, J.

¶1I am clearly of opinion that the practice of a Master acting as a Solicitor in the same Court, is improper, in whatever light it is viewed. If the proposed remedy be adopted, namely, that the Master shall not act in his own cases, then, he may be disqualified as to every case in court; consequently the office would not exist, to any one purpose of public utility. I think therefore the bill ought to be dismissed.

Taylor, J.

¶2I entertain no doubt on the general question, but incline to the opinion that it would be the more regular way to take it up upon demurrer, so that the reasons of the order may appear upon the record.

¶3The bill was afterwards withdrawn.

/1/nc/6 · .json · Public domain