Roberts v. . Lewald
Supreme Court of North Carolina
This was a Motion for injunction, heard February 4th, 1890, at Rockingham, by Bynum, J. This action is brought by the plaintiffs in behalf of themselves and all other creditors of the defendant Lewald, to obtain judgment against him for certain debts specified in the complaint, and to have a deed of trust specified, executed by him to the defendant Nimocks, conveying to the latter all his property in trust, to be sold, and the proceeds of sale applied to the payment, of…
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This was a Motion for injunction, heard February 4th, 1890, at Rockingham, by Bynum, J. This action is brought by the plaintiffs in behalf of themselves and all other creditors of the defendant Lewald, to obtain judgment against him for certain debts specified in the complaint, and to have a deed of trust specified, executed by him to the defendant Nimocks, conveying to the latter all his property in trust, to be sold, and the proceeds of sale applied to the payment, of certain debts in the deed mentioned, declared and adjudged fraudulent and void; to have the property so fraudulently…
1Opinion of the CourtMerrimoN, C. J.
after stating the facts: The defendants moved in this Court to dismiss the action, upon the ground that the complaint fails to state facts sufficient to constitute a cause of action. The motion cannot be allowed. The action is brought in behalf of all the creditors of the defendant Lewald who become parties thereto, and it appears from the record that a creditor other than the plaintiffs who brought the action has become a party plaintiff and filed a proper pleading, alleging his cause of action as such creditor. Moreover, the plaintiffs who brought the action allege a cause of action that…
2Cases cited11 opinions
- Dawson Bank v. HarrisSupreme Court of North Carolina · 1881
- John L. Roper Lumber Co. v. WallaceSupreme Court of North Carolina · 1885
- Coates Bros. v. . WilkesSupreme Court of North Carolina · 1885
- Jones v. . BoydSupreme Court of North Carolina · 1879
- Whittaker v. . HillSupreme Court of North Carolina · 1887
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Burns v. . McFarlandSupreme Court of North Carolina · 1907
- Roberts v. . LewaldSupreme Court of North Carolina · 1891