Hartsfield v. . Bryan
Supreme Court of North Carolina
Appeal by defendant Bryan from Whedbee, J., at November Term, 191.8,' of CeaveN. This is a petition, ór written motion, in the above entitled special proceeding, for partition, to set aside the judgment rendered therein on 6 February, 1900, by the clerk of the Superior Court, by which the lands were ordered to be sold. The sale was made to James A. Bryan, one of the defendants, and confirmed by the clerk.
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Appeal by defendant Bryan from Whedbee, J., at November Term, 191.8,' of CeaveN. This is a petition, ór written motion, in the above entitled special proceeding, for partition, to set aside the judgment rendered therein on 6 February, 1900, by the clerk of the Superior Court, by which the lands were ordered to be sold. The sale was made to James A. Bryan, one of the defendants, and confirmed by the clerk. The petition to set aside the judgment is entitled as of the original cause, but is addressed to the Clerk of the Superior Court of Craven County, as follows: “Your petitioner, E. E.…
1Opinion of the Court
Walker, J.,
after stating the case: There are no terms of court where a proceeding is pending before the clerk. He has no stated terms or sessions, and each case has its own return day. The petition is therefore sufficiently entitled if any defect of the kind indicated would he the subject of demurrer.
We are of the opinion that there are sufficient allegations as to the real parties in interest, and as to those who are named in the. first paragraph of the petition being the heirs of John Haywood. The specific allegation is that the petitioners for whom Mr. Whitehurst appeared as attorney at…
2Cases cited6 opinions
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- Eddleman v. . LentzSupreme Court of North Carolina · 1911
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3Cited by24 opinions
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- State v. . ScottSupreme Court of North Carolina · 1921
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