Stith v. . Jones
Supreme Court of North Carolina
This was a motion for the appointment of a receiver, made in a cause pending in Davidson Superior Court, and heard before Montqomerii, J., at Chambers, in Concord, on December 22d, 1887. N. L. Stith died in February, 1878, having, on June 6th, 1874, made his will, which has been duly proved, and therein appointed as executors his son, the plaintiff, Frederick H. Stith, his daughter, the defendant Alberta B. Jones, and two others, of whom one died in the life-time of the…
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This was a motion for the appointment of a receiver, made in a cause pending in Davidson Superior Court, and heard before Montqomerii, J., at Chambers, in Concord, on December 22d, 1887. N. L. Stith died in February, 1878, having, on June 6th, 1874, made his will, which has been duly proved, and therein appointed as executors his son, the plaintiff, Frederick H. Stith, his daughter, the defendant Alberta B. Jones, and two others, of whom one died in the life-time of the testator, and the other refused to qualify, thereby devolving upon those named the execution of its trusts. The will, among…
1Opinion of the Court
Smith, C. J.,
(after stating the case.) 1. The question of jurisdiction. It was conceeded that the riding of the Eighth Judicial District terminated with the holding of the Superior Court of Davidson at December Term, and that the Judge therein presiding had left the District and returned home before the day appointed for the hearing, and that the ridings of the Twelfth District, the Courts in which had been held by Montgomery, J., terminated on December 20th, and he had returned to his residence at Concord in the Eighth District. The jurisdiction under the statute cannot be questioned.
The…
2Cases cited2 opinions
- Lewis v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1888
- Parker v. . ParkerSupreme Court of North Carolina · 1880
3Cited by2 opinions
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