Grandy v. . Gulley
Supreme Court of North Carolina
CONTROVERSY without action, submitted upon facts agreed, and heard before Boykin, J., at October Term, 1896, of "Ware Superior Court. The affidavit required by Section 567 of the Code was not made or does not appear in the record. Judgment was rendered for the plaintiffs and defendant appealed.
1Opinion of the Court
Fairoloth, C. J.:
This controversy was submitted without action, under The Gode, Sec. 567, upon an agreed state of facts. We cannot enter into the merits of the controversy, for the reason that the affidavit required by the Statute was not made or does not appear in the record. This mode of proceeding is unknown to the common law, and unless, the positive requirement of the Statute is observed the court is without jurisdiction.
It must appear by affidavit that the court would have jurisdiction if the proceeding was by summons; also that the controversy is real and the proceeding is in good…
2Cases cited3 opinions
- Jones v. Commissioners of FranklinSupreme Court of North Carolina · 1883
- Arnold v. . PorterSupreme Court of North Carolina · 1896
- First National Bank of Winston v. Wachovia Loan & Trust Co.Supreme Court of North Carolina · 1896
3Cited by16 opinions
- Pruitt v. WoodSupreme Court of North Carolina · 1930
- Pruitt v. . WoodSupreme Court of North Carolina · 1930
- Keziah v. Seaboard Air Line Railroad CompanySupreme Court of North Carolina · 1968
- R. R. v. . Manufacturing Co.Supreme Court of North Carolina · 1949
- City of Charlotte v. BMJ OF CHARLOTTE, LLCCourt of Appeals of North Carolina · 2009
11 more not listed; retrieve them via the Exa API.