Ledbetter v. . Pinner
Supreme Court of North Carolina
Appeal from JBrycm, J., at Chambers, for refusal to set aside a judgment in. a special proceeding. The plaintiffs filed their petition for partition before the Clerk of BuN-ooMBE Superior Court, making the other tenants in common defendants, averring that an actual partition would be injurious for reasons set out and praying a sate for partition.
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Appeal from JBrycm, J., at Chambers, for refusal to set aside a judgment in. a special proceeding. The plaintiffs filed their petition for partition before the Clerk of BuN-ooMBE Superior Court, making the other tenants in common defendants, averring that an actual partition would be injurious for reasons set out and praying a sate for partition. The defendants answering admit all the allegations of the complaint except on this point, and aver that actual partition is desirable, and that a sale at the present depressed state of prices would be injurious. The Clerk decreed actual partition by…
1Opinion of the CourtClaeK, J.
(after stating the facts): The defendants insist that the judgment was irregular and should have been set aside on four grounds:
1. Because it was entered outside of the county. It has been held that, as a rule, motions in causes pending in the Superior Court cannot be heard outside of the county except by consent. McNeill v. Hodges, 99 N. C., 248; Godwin v. Monds, 101 N. C., 354; Skinner v. Terry, 107 N. C., 103. This restriction does not apply to all orders in such cases, applications for restraining orders, injunctions and receivers being expressly excepted by Statute, The Oode, Sections…
2Cases cited8 opinions
- Skinner v. . TerrySupreme Court of North Carolina · 1890
- Chowan & Southern Railroad v. ParkerSupreme Court of North Carolina · 1890
- Godwin v. . MondsSupreme Court of North Carolina · 1888
- McNeill v. . HodgesSupreme Court of North Carolina · 1888
- Bradley Fertilizer Co. v. TaylorSupreme Court of North Carolina · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Oldham v. . RiegerSupreme Court of North Carolina · 1907
- Durham v. Rigsbee.Supreme Court of North Carolina · 1906
- Chas. W. Priddy & Co. v. SanderfordSupreme Court of North Carolina · 1942
- In Re AndersonSupreme Court of North Carolina · 1903
- Faison v. . WilliamsSupreme Court of North Carolina · 1897
20 more not listed; retrieve them via the Exa API.