Arnold v. . Porter
Supreme Court of North Carolina
CoNtroversy without action, heard upon facts agreed before BoyTcin, J., at Chambers, on 3rd day of October, 1896. The affidavit required by Section 567 of The Code was not made or filed. Judgment was rendered against the party named as defendant, and he appealed.
1Opinion of the Court
MONTGOMERY, J.:
It was intended, it seems, to submit without action a case containing facts upon which the controversy depends, under Section 567 of The Code. It appears that the affidavit required by the statute, to the effect that the controversy is real and that the proceeding is in good faith to determine the rights of the parties, was never made or filed. Such an affidavit is a prerequisite to the exercise of jurisdiction in the matter. Jones v. Com missioners, 88 N. C., 56 ; Grant v. Newsom, 81 N. C., 86. The proceeding must be dismissed.
Dismissed.
2Cases cited2 opinions
- Simmons v. . FoscueSupreme Court of North Carolina · 1879
- Jones v. Commissioners of FranklinSupreme Court of North Carolina · 1883
3Cited by4 opinions
- Grandy v. . GulleySupreme Court of North Carolina · 1897
- Waters v. . BoydSupreme Court of North Carolina · 1920
- Hudson Oil Co. v. Board of County CommissionersWyoming Supreme Court · 1935
- Finney v. . CorbettSupreme Court of North Carolina · 1927