Parish v. . Sloan
Supreme Court of North Carolina
This was an appeal, by permission of the court, from an interlocutory order of the Court of Equity of Sampson county,at the Spring Term, 1845, his Honor Judge Pearson presid-iog* The plaintiff states in his bill, that.- at the July Term of Duplin County Court, lie obtained a judgment against Dixon Sloan for the sum of $395, upon which an execution issued, and that no property of said Sloan, either real or personal, could be found to satisfy it.
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This was an appeal, by permission of the court, from an interlocutory order of the Court of Equity of Sampson county,at the Spring Term, 1845, his Honor Judge Pearson presid-iog* The plaintiff states in his bill, that.- at the July Term of Duplin County Court, lie obtained a judgment against Dixon Sloan for the sum of $395, upon which an execution issued, and that no property of said Sloan, either real or personal, could be found to satisfy it. The bill then states, that Arna B. Chesnut, Ceorge W. Robinson, and David Murphy are, each, judgment creditors of the said Sloan, and that no property…
1Opinion of the Court
Nash; J.
The first cause assigned in the demurrer, is answered by the demurrer itself. It is, that the plaintiff has asked the court to provide for the relief of Chesnut; Robinson' and Murphy, who are not parties to the bill. A demurrei is' On allegation of a defendant, which, admitting the matters of fact alleged by the bill to be true, shows, that, as they are' therein set forth; they are insufficient for the plaintiff to proceed upon; or oblige the defendant to answer. Now the plain-' tiff asks relief for himself, upon a. state of fact's, which, if true, clearly entitles him id relief. His…
2Cited by4 opinions
- Virginia-Carolina Chemical Co. v. FloydSupreme Court of North Carolina · 1912
- Fisher v. . Trust Co.Supreme Court of North Carolina · 1905
- Fowler v. PalmerCourt of Appeals for the Fourth Circuit · 1908
- Fisher v. . Trust Co.Supreme Court of North Carolina · 1905