Curl v. Ingram

Maxwell, Judge:

The bottom question presented by this case is whether an assignee of notes, assigned to him for collection by a foreign personal representative, may prosecute an action thereon in this state against the maker who resides herein.

The circuit court certified for review its rulings upholding the plaintiff’s right to maintain suit.

The proceeding is by notice of motion for judgment under Code, 56-2-6. Inasmuch as the facts whereon the plaintiff seeks to ground his action are fully set forth in the notice, the defendant’s challenge thereof on jurisdictional grounds should have been by…