Epps v. . Flowers
Supreme Court of North Carolina
This is an appeal from an order made by Merrimon, J., at October Term, 1887, of Wayne Superior Court. This action for the recovery of dower in certain lands alleged to have been owned by a former deceased husband of the feme plaintiff and subject to her right of dower, was begun by a summons made returnable and returned before the Judge of the Superior Court of Wayne, at .the,regular Spring Term thereof, in the year 18S7. The complaint alleges the feme plaintiff’s marriage…
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This is an appeal from an order made by Merrimon, J., at October Term, 1887, of Wayne Superior Court. This action for the recovery of dower in certain lands alleged to have been owned by a former deceased husband of the feme plaintiff and subject to her right of dower, was begun by a summons made returnable and returned before the Judge of the Superior Court of Wayne, at .the,regular Spring Term thereof, in the year 18S7. The complaint alleges the feme plaintiff’s marriage in May, 1874, with Geprge W. Johnson, his death in November, 1876, and intestacy, his seizure in fee of certain lots,…
1Opinion of the Court
Smith, C. J.,
(after stating the case.) The order of remand, followed by the suggested amendment of the process, would, if allowable to be made, remove the jurisdictional impediment and place the cause before the Clerk, acting for the Superior Court, as in case of a special proceeding. The Code, §§ 279, 2111.
In our opinion, there being but one Superior Court whose functions are in certain cases exercised by the Clerk, this disposition of the case was proper, and warranted by the’ rulings heretofore made in this Court. Cheatham v. Crews, 81 N. C., 343; Capps v. Capps, 85 N. C., 408.
But,…
2Cases cited3 opinions
- Jones v. . CohenSupreme Court of North Carolina · 1880
- Capps v. . CappsSupreme Court of North Carolina · 1881
- Cheatham v. . CrewsSupreme Court of North Carolina · 1879
3Cited by2 opinions
- Gaskins v. Allen.Supreme Court of North Carolina · 1905
- Wynne v. . SmallSupreme Court of North Carolina · 1889