Shober v. . Wheeler
Supreme Court of North Carolina
Civil NOTION, tried before Ward, J"at tbe December Term, 1906, of tbe Superior Court oPFoesyti-i County. Tbis was an action by O. S. Hutter, made in tbe cause as stated. His Honor, upon tbe pleadings and tbe record, found tbe following facts: That' an action was brought in tbe Superior Court of Forsyth County in tbe name of F. E. Shober and others against W. IT.
Read the full summary
Civil NOTION, tried before Ward, J"at tbe December Term, 1906, of tbe Superior Court oPFoesyti-i County. Tbis was an action by O. S. Hutter, made in tbe cause as stated. His Honor, upon tbe pleadings and tbe record, found tbe following facts: That' an action was brought in tbe Superior Court of Forsyth County in tbe name of F. E. Shober and others against W. IT. Wheeler, Addie M. Wheeler, Ann J. Wheeler, and E. H. Jennings for tbe purpose of collecting debts which the plaintiffs held against W. H. Wheeler, to March Term, 1889; and by an order in tbe cause, signed at December Term, 1903, C. S.…
1Opinion of the Court
Connor, J.,
after stating the case: Reversing the order in which the exceptions appear in the record, we dbnsider first the one attacking the validity of the judgment' rendered by the Court against Jennings, administrator of Mrs. Wheeler, fixing the amount of the debt held by Hutter. The learned counsel for defendants insist that the letters issued to Jennings were void, for all purposes, because the Court had no jurisdiction to issue them. It must' be conceded that the older authorities, at least some of them, held that intestacy was as essentially jurisdictional as death and domicile or tona…
2Cases cited10 opinions
- Broughton v. BradleySupreme Court of Alabama · 1859
- Schluter v. . Bowery Savings BankNew York Court of Appeals · 1889
- Fisher v. . Trust Co.Supreme Court of North Carolina · 1905
- Hancock Bros. & Co. v. WootenSupreme Court of North Carolina · 1890
- Haywood v. HaywoodSupreme Court of North Carolina · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. . McCanlessSupreme Court of North Carolina · 1927
- In Re Will of PuettSupreme Court of North Carolina · 1948
- Yarborough v. . MooreSupreme Court of North Carolina · 1909
- Harrison v. . CarterSupreme Court of North Carolina · 1946
- Privette v. . MorganSupreme Court of North Carolina · 1947
5 more not listed; retrieve them via the Exa API.