Joyner v. . Roberts
Supreme Court of North Carolina
Civil action to recover a penalty of $200, brought against the defendant E. E. Roberts, Register of Deeds, and his sureties on his official bond, and tried at Spring Term, 1891, of NORTHAMPTON Superior Court, before Connor, J. The breach of the bond complained of was the violation by the defendant of section 1814 of The Code in regard to the issuance of license for the marriage of a girl under eighteen years of age without consent of her father, the plaintiff.
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Civil action to recover a penalty of $200, brought against the defendant E. E. Roberts, Register of Deeds, and his sureties on his official bond, and tried at Spring Term, 1891, of NORTHAMPTON Superior Court, before Connor, J. The breach of the bond complained of was the violation by the defendant of section 1814 of The Code in regard to the issuance of license for the marriage of a girl under eighteen years of age without consent of her father, the plaintiff. Defendants answered, setting up defences, but at the trial moved to dismiss the action' — • 1. For want of jurisdiction, in that the…
1Opinion of the Court
Clark, J.:
The defendants moved to dismiss on the grounds, first, that the Court did not have jurisdiction, and second, because the complaint did not state a cause of action, and the motion being refused, appealed from the refusal. It has been repeatedly held that no appeal lies from a refusal to dismiss an action, but that the remedy is to have an exception noted in the record. Mullen v. Canal Co., at this Term, and cases there cited.
It is contended, however, that this is, in effect, a demurrer ore terms, and that, therefore, an appeal lies. From the overruling of a formal demurrer an appeal…
2Cases cited12 opinions
- State v. . WyldeSupreme Court of North Carolina · 1892
- Tucker v. . BakerSupreme Court of North Carolina · 1882
- State Ex Rel. Maggett v. RobertsSupreme Court of North Carolina · 1891
- Holt v. . McLeanSupreme Court of North Carolina · 1876
- Wilson v. . PearsonSupreme Court of North Carolina · 1889
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Railroad Co. v. Hardware Co.Supreme Court of North Carolina · 1904
- Burrell v. . HughesSupreme Court of North Carolina · 1895
- Shelby v. . R. R.Supreme Court of North Carolina · 1908
- Chambers v. . R. R.Supreme Court of North Carolina · 1916
- Griffin v. Bank of ColeridgeSupreme Court of North Carolina · 1933
12 more not listed; retrieve them via the Exa API.