Ballard v. . Kilpatrick
Supreme Court of North Carolina
Civil aotioN in the nature of a creditor’s bill against the administrator and others, tried before his Honor, Judge Clarice, at the Eall Term, 1873, of Joees Superior Court. Defendants demurred to the plaintiff’s complaint upon the ground that the Superior Court did not have jurisdiction of such action. On the hearing, his Honor sustained the demurrer and dismissed the action. Plaintiff appealed.
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Civil aotioN in the nature of a creditor’s bill against the administrator and others, tried before his Honor, Judge Clarice, at the Eall Term, 1873, of Joees Superior Court. Defendants demurred to the plaintiff’s complaint upon the ground that the Superior Court did not have jurisdiction of such action. On the hearing, his Honor sustained the demurrer and dismissed the action. Plaintiff appealed. The allegations of the complaint, so far as are pertinent to the decision of this Court, are stated in the opinion of Justice EODMAN.
1Opinion of the Court
SETTLE J., Dissenting. Defendants demurred to the plaintiff's complaint upon the ground that the Superior Court did not have jurisdiction of such action. On the hearing, his Honor sustained the demurrer and dismissed the action. Plaintiff appealed.
The allegations of the complaint, so far as are pertinent to the decision of this Court, are stated in the opinion of Justice RODMAN. At Spring Term, 1872, of Jones Superior Court, before the Judge of the Court, the plaintiff, on behalf of himself and all other creditors of one Council Gooding, brought an action and filed his complaint, of which the…
2Cases cited1 opinion
- Pelletier v. . SaundersSupreme Court of North Carolina · 1872
3Cited by4 opinions
- Pegram v. . ArmstrongSupreme Court of North Carolina · 1880
- Davis v. DavisSupreme Court of North Carolina · 1957
- Haywood v. HaywoodSupreme Court of North Carolina · 1878
- Shields v. . PayneSupreme Court of North Carolina · 1879