Latham v. Latham
Supreme Court of North Carolina
Appeal by plaintiff from Bond, Jat April Term, 1922, of Beaueokt. Civil action, tried and determined on tbe pleadings. Tbe action was instituted in said county on 10 October, 1916, by plaintiffs, certain grandchildren of Fred P. Latbam, deceased, successors in title to tbe pro rata, rights and interests of A. C. Latbam, Josephine Potts, and Henrietta Tripp, all now deceased, and who took and bold their rights as among tbe devisees and heirs at law of said E. P. Latbam,…
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Appeal by plaintiff from Bond, Jat April Term, 1922, of Beaueokt. Civil action, tried and determined on tbe pleadings. Tbe action was instituted in said county on 10 October, 1916, by plaintiffs, certain grandchildren of Fred P. Latbam, deceased, successors in title to tbe pro rata, rights and interests of A. C. Latbam, Josephine Potts, and Henrietta Tripp, all now deceased, and who took and bold their rights as among tbe devisees and heirs at law of said E. P. Latbam, against S. W. Latbam, executor of tbe will of F. P. Latbam, and trustee of certain portions of tbe real estate under said…
1Opinion of the CourtHoKE, J.
It is a practice approved in our decisions tbat where a cause is called for trial and tbe statute of limitations having been properly pleaded it appears from tbe face of tbe complaint and tbe uncontro-verted facts tbat tbe -plaintiff’s cause of action is barred by statutory limitation of time, a judgment of nonsuit or dismissing tbe action on tbat ground will not be disturbed, though there may be valid exceptions for error in other phases of tbe trial. Rankin v. Oates, 183 N. C., 518; Earnhart v. Comrs., 157 N. C., 234-236; Oldham v. Rieger, 145 N. C., 254; Cherry v. Canal Co., 140 N. C., 422.
2Cases cited16 opinions
- Peacock v. Barnes.Supreme Court of North Carolina · 1906
- Oldham v. . RiegerSupreme Court of North Carolina · 1907
- Cherry v. Canal Co.Supreme Court of North Carolina · 1906
- Ewbank v. . LymanSupreme Court of North Carolina · 1915
- Trustees of the University of North Carolina v. State National BankSupreme Court of North Carolina · 1887
11 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- North Carolina State Ports Authority v. Lloyd A. Fry Roofing Co.Supreme Court of North Carolina · 1978
- Teachey v. . GurleySupreme Court of North Carolina · 1938
- City of Reidsville v. BurtonSupreme Court of North Carolina · 1967
- Arthur J. Fulcher, Jr. v. United States of America, Arthur J. Fulcher, Jr. v. United StatesCourt of Appeals for the Fourth Circuit · 1982
- Swartzberg v. Reserve Life Insurance CompanySupreme Court of North Carolina · 1960
14 more not listed; retrieve them via the Exa API.