Legal Opinion
Person v. . Leary
Supreme Court of North Carolina
Decided May 15, 1900PublishedCited by 1 opinion
CiviJj ActioN in nature of trespass, beard before Star-buck, J., at September Term, 1899, of T'ykRell Superior Court, upon a motion to continue a restraining order heretofore granted until final hearing. His Honor allowed the motion, and defendants excepted and appealed. Among other exceptions, the defendants excepted: That plaintiffs have failed to show that they are receivers of the Bank of Commerce in Buffalo, N. Y., by any proper evidence, that is, by record evidence.
1Opinion of the CourtClark, J.
The defendants except to the continuance of the restraining order to the hearing upon several grounds, among them:
“2. The plaintiffs have failed to make out a prima facie ease in that they have failed to show any title, having failed to show that they aro receivers of the Bank of Commerce in Buffalo, New York, by any proper evidence.”
“3. That if they are receivers, it is a matter of record and should be shown by the record.”
“8. That the receivers, even if their appointment had been shown, have no permission to prosecute this action in the courts of North Carolina; tbait they have never…
2Cases cited1 opinion
- Kruger v. Bank of CommerceSupreme Court of North Carolina · 1898
3Cited by1 opinion
- Person v. Leary.Supreme Court of North Carolina · 1900