State Ex Rel. McCubbins v. Barringer
Supreme Court of North Carolina
Debt, upon a guardián bond, quashed upon a plea to the jurisdiction, before Gilliam J., at Fall Term 1867 of the Superior Court of Rowan. On the 22d of April 1867 the plaintiff as guardian of certain infants, procured to be issued from the County Court a writ upon the bond of a former guardian, executed before 1861. Upon the writ being executed and returned, the defendants filed a plea to the jurisdiction, and the plaintiffs demurred thereto.
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Debt, upon a guardián bond, quashed upon a plea to the jurisdiction, before Gilliam J., at Fall Term 1867 of the Superior Court of Rowan. On the 22d of April 1867 the plaintiff as guardian of certain infants, procured to be issued from the County Court a writ upon the bond of a former guardian, executed before 1861. Upon the writ being executed and returned, the defendants filed a plea to the jurisdiction, and the plaintiffs demurred thereto. In the County Court the demurrer was. sustained, but upon appeal that judgment was reversed in the Superior Court, and the writ quashed. Thereupon the…
1Opinion of the Court
Battle J.
We have decided at the present term in the case of Israel v. Ivey, that the Courts of Pleas and Quarter Sessions had no jurisdiction of actions founded upon contracts entered into prior to the first day of May 1865, because it had been taken away and vested exclusively in the Supreme Courts by the acts of the Legislature at second extra session of 1861, c. 10, and special session of 1867, c. 17, s. 1, as well as by an ordinance of the convention of 1865, (session in 1866, c. 3.) It is true that the counsel in that case did not raise the question whether such legislation was a…
2Cited by9 opinions
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- Berry v. . HainesSupreme Court of North Carolina · 1816
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