In re Stone
Supreme Court of North Carolina
This is a proceeding before the Clerk of the Superior Court of Wake County begun by R. W. Winston, J. Crawford Biggs, and Moses N. Amis to have an allowance of attorneys’ fees made to them for services rendered to Thomas S. Stone, a minor, in-a civil action entitled In re Stone, 173 N. C., 280. From the order of the clerk allowing the sum of $650, Mrs. Carey W. Stone appealed to the Superior Court.
Read the full summary
This is a proceeding before the Clerk of the Superior Court of Wake County begun by R. W. Winston, J. Crawford Biggs, and Moses N. Amis to have an allowance of attorneys’ fees made to them for services rendered to Thomas S. Stone, a minor, in-a civil action entitled In re Stone, 173 N. C., 280. From the order of the clerk allowing the sum of $650, Mrs. Carey W. Stone appealed to the Superior Court. The matter was heard by Stacy, J., at June Term, 1918, of Wake Superior Court, who made an order allowing counsel one thousand dollars and directing that Mrs. Stone pay said sum into court for…
1Opinion of the CourtBkown, J.
It is contended that the Superior Court acquired no jurisdiction to make such order in the original case of In re Stone because the proceeding was erroneously commenced before the clerk, who had no jurisdiction.’ When the matter reached the Superior Court by appeal the judge had the right under the statute to assume jurisdiction and dispose of the case as if originally begun there. Clark’s Code, sec. 255 (3d Ed.); Roseman v. Roseman, 127 N. C., 497, and cases cited.
The case of In re Stone was still pending in the Superior Court by virtue of the decree of Bond, J., who tried it at October…
2Cases cited5 opinions
- Tate v. . MottSupreme Court of North Carolina · 1887
- Cole v. Superior CourtCalifornia Supreme Court · 1883
- Richardson v. TysonWisconsin Supreme Court · 1901
- Houck v. BridwellMissouri Court of Appeals · 1888
- Outland v. . OutlandSupreme Court of North Carolina · 1896
3Cited by11 opinions
- Horner v. Chamber of CommerceSupreme Court of North Carolina · 1952
- Hopkins v. . BarnhardtSupreme Court of North Carolina · 1943
- In Re Will of HowellSupreme Court of North Carolina · 1933
- Hood, Comr. of Banks v. . CheshireSupreme Court of North Carolina · 1937
- King v. Premo & King, Inc.Supreme Court of North Carolina · 1963
6 more not listed; retrieve them via the Exa API.