Legal Opinion

Bost v. . Lassiter

Supreme Court of North Carolina

Decided February 5, 1890PublishedCited by 4 opinions

This was a civil action, pending in Cabarrus County, heard upon application for injunction, before Shipp, J., at Chambers, February 18, 1890. The plaintiff alleges, in substance, that since April, 1886, he has had a docketed judgment in the Superior Court of the county of Cabarrus, against the defendant C. A. Pitts and two other persons, his sureties therein for $1,500, interest and costs; that before that time, in 1874, Sally Pitts, the mother of the said C. A. Pitts,…

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This was a civil action, pending in Cabarrus County, heard upon application for injunction, before Shipp, J., at Chambers, February 18, 1890. The plaintiff alleges, in substance, that since April, 1886, he has had a docketed judgment in the Superior Court of the county of Cabarrus, against the defendant C. A. Pitts and two other persons, his sureties therein for $1,500, interest and costs; that before that time, in 1874, Sally Pitts, the mother of the said C. A. Pitts, purchased two tracts of land, specified, situate in said county, at a judicial sale, and after-wards, a proper deed therefor…

1Opinion of the Court

MerbjmoN, C. J.:

The counsel of the appellants, relying on Long v. Jarratt, 94 N. C., 445, and other like cases, contended earnestly on the argument that the plaintiff should have sought the relief he seeks by this action by a motion, or petition, in the action mentioned, and particularly referred to in the complaint, wherein the present defendants, except C. A. Pitts, were plaintiffs, and he was defendant, because, as he contends, that action is not yet ended, and the subject-matter of the present action was pertinent to, and embraced by, the former. This contention is unfounded.

The purpose…

2Cases cited2 opinions

  1. Whittaker v. . HillSupreme Court of North Carolina · 1887
  2. Trimble v. . HunterSupreme Court of North Carolina · 1889

3Cited by4 opinions

  1. Fowler v. FowlerSupreme Court of North Carolina · 1925
  2. Fowler v. . FowlerSupreme Court of North Carolina · 1925
  3. Tomlinson v. CranorSupreme Court of North Carolina · 1936
  4. Tomlinson v. . CranorSupreme Court of North Carolina · 1936

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