Causey v. Snow.
Supreme Court of North Carolina
Civil actioN, to recover on a note,' tried before Mclver, and a jury, at July, 1896, Special Term of GuilfoRd Superior Court. . The decree referred to in the opinion and by the terms of which the note sued on was given was rendered in a cause entitled N. L. Cousey, for herself and all other creditors, &c. v. The Willow Brooh Manufacturing Company, and was as follows: “This being an action to enjoin the sale of proper^ under executions upon docketed judgments against the…
Read the full summary
Civil actioN, to recover on a note,' tried before Mclver, and a jury, at July, 1896, Special Term of GuilfoRd Superior Court. . The decree referred to in the opinion and by the terms of which the note sued on was given was rendered in a cause entitled N. L. Cousey, for herself and all other creditors, &c. v. The Willow Brooh Manufacturing Company, and was as follows: “This being an action to enjoin the sale of proper^ under executions upon docketed judgments against the "Willow JBrook Manufacturing Company, and praying a sale of all of the property of said company by decree of court and th,e…
1Opinion of the Court
MONTGOMERY, J.:
There was a motion made in the court below to dismiss the action on the ground that the note sued on showed on its face that it was executed to com ■ missioners named in a certain action in the nature of a creditor’s bill, in the same court in which the present action is pending, in which the plaintiff here was one of the plaintiffs there, and the Willow Brook Manufacturing Com-, pany and others were defendants, and that therefore proceedings to recover on the note should have been commenced by a motion in that cause. His Honor committed no error in overruling ’the motion. The…
2Cases cited2 opinions
- Jackson v. . LoveSupreme Court of North Carolina · 1880
- Pate v. . BrownSupreme Court of North Carolina · 1881
3Cited by9 opinions
- Vann v. EdwardsSupreme Court of North Carolina · 1901
- Woods v. . FinleySupreme Court of North Carolina · 1910
- Gulf States Steel Co. v. FordSupreme Court of North Carolina · 1917
- Capps v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1921
- Vann v. . EdwardsSupreme Court of North Carolina · 1901
4 more not listed; retrieve them via the Exa API.