National Bank of Greensboro v. Gilmer
Supreme Court of North Carolina
In AN aotion, in the nature of a creditor’s bill, pending in Fobsyth Superior Court, wherein the National Rank of •Greensboro and other judgment creditors of the North State Improvement Company, J\ E. Gilmer and other sureties for said company, were plaintiffs, and the said ■Gilmer and others, together with the Congregation of United Brethren and other judgment creditors of said Gil-mer and said company were defendants, the defendant, the Congregation of United Brethren,…
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In AN aotion, in the nature of a creditor’s bill, pending in Fobsyth Superior Court, wherein the National Rank of •Greensboro and other judgment creditors of the North State Improvement Company, J\ E. Gilmer and other sureties for said company, were plaintiffs, and the said ■Gilmer and others, together with the Congregation of United Brethren and other judgment creditors of said Gil-mer and said company were defendants, the defendant, the Congregation of United Brethren, moved to set aside a judgment that had been rendered in favor of J. A. Leak, receiver, &c., against the defendant Gilmer…
1Opinion of the Court
Clark J.:
The summons was regularly issued and ' served in the case in which the judgment, now attacked, was obtained, and at the November term, 1893, a verified complaint, for a sum certain due by promissory note, was filed. The defendants therein filed no answer, aud the plaintiff might have entered up judgment by default final, but consented to a continuance upon an agreement being executed by the defendants during said term that, if judgment should betaken against them by any other creditor, the plaintiff might at any time, either in vacation or at term, after January, 1894, enter up…
2Cases cited12 opinions
- Bynum v. . PoweSupreme Court of North Carolina · 1887
- Branch v. . WalkerSupreme Court of North Carolina · 1885
- Benbow v. . MooreSupreme Court of North Carolina · 1894
- Molyneux v. HueySupreme Court of North Carolina · 1879
- Coates Bros. v. WilkesSupreme Court of North Carolina · 1886
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Edmundson v. EdmundsonSupreme Court of North Carolina · 1942
- Edmundson v. . EdmundsonSupreme Court of North Carolina · 1942
- Westhall v. Hoyle.Supreme Court of North Carolina · 1906
- Molyneux v. . HueySupreme Court of North Carolina · 1879
- Crabtree v. . ScheelkySupreme Court of North Carolina · 1896