Monroe Bros. & Co. v. Lewald
Supreme Court of North Carolina
Civil ACTION, tried on appeal from the Clerk of the Superior Court of Cumberland County, before Bynum, J., at Chambers. “This cause coming on to be heard before the Clerk, and being heard upon the motion of the defendant to dismiss the supplemental proceedings and order in the above entitled cause, and, after argument of counsel on both sides, it being made to appear to the satisfaction of the Court that there is now pending in this Court a creditor's bill in the name of…
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Civil ACTION, tried on appeal from the Clerk of the Superior Court of Cumberland County, before Bynum, J., at Chambers. “This cause coming on to be heard before the Clerk, and being heard upon the motion of the defendant to dismiss the supplemental proceedings and order in the above entitled cause, and, after argument of counsel on both sides, it being made to appear to the satisfaction of the Court that there is now pending in this Court a creditor's bill in the name of Roberts & Hoge, in behalf of themselves and all other creditors of said K. Lewald, and that the same was pending prior to…
1Opinion of the CourtShepheed, J.
after stating the facts: The plaintiffs obtained a judgment against the defendant and instituted proceedings supplementary to execution. The Clerk dismissed the proceedings because, prior to their commencement, “Roberts & Hayes, in behalf of themselves and all other creditors ” of the defendant, had commenced a “ creditor’s bill ” against him in the said county, and that said action was still pending. At this term of the Court, in Hancock v. Wooten, we have endeavored to distinguish a “ general ” from a “judgment creditor” bill. The mere addition to the title “in behalf of alllother…
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