Battle v. Mercer

• Decision Date: 21 June 1924
• Docket Number: 65.
• Citation: Battle v. Mercer, 188 N.C. 116, 123 S.E. 258 (N.C. 1924)
• Parties: BATTLE ET AL. v. MERCER ET AL.
• Court: North Carolina Supreme Court

123 S.E. 258

188 N.C. 116

BATTLE ET AL. v. MERCER ET AL.

No. 65.

Supreme Court of North Carolina

June 21, 1924

Appeal from Superior Court, Edgecombe County; Connor, Judge.

On petition of Mary S. Mercer and Margaret M. Tilghman for rehearing.Petition denied.

For former opinion, see187 N.C. 436, 122 S.E. 4.

While the adjective law is to be enforced in a spirit of liberty rather than harshly or oppressively, rules of procedure are necessary, and must be observed to enable the courts to properly discharge their duties.

O. P Dickinson, of Wilson, for petitioners.

STACY J.

The circumstances of this case have caused a most critical and searching examination of the petition to rehear.It is the policy of our law to give every litigant full and ample opportunity to be heard.This the petitioning defendants have had in the instant suit; and, if they have lost any rights it must be attributed to their own laches and want of attention in looking after their case.The adjective law is not to be enforced harshly or oppressively, but rather in a spirit of liberality, to the end that justice may be administered in all cases.But this does not mean that procedural statutes will be construed by the courts in a manner so as to favor the negligent, and penalize the diligent, party.Vigilantibus et non dormientibus subvenit lex."The law comes to the...