Atlantic National Bank v. Peregoy-Jenkins Co.
Supreme Court of North Carolina
ActxoN beard by O. H. Allen, J., at Kinston, Lenoib County, 30 May, 1907. This is a motion to set aside an order made by the Judge of the Eifth Judicial District at Kinston, N. 'C., on 30 May, 1907, directing A. G. Ricaud, receiver, to sell to R. G. Grady certain timber, the title to which is now in controversy, and also to set aside the deed of the receiver to the purchaser.
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ActxoN beard by O. H. Allen, J., at Kinston, Lenoib County, 30 May, 1907. This is a motion to set aside an order made by the Judge of the Eifth Judicial District at Kinston, N. 'C., on 30 May, 1907, directing A. G. Ricaud, receiver, to sell to R. G. Grady certain timber, the title to which is now in controversy, and also to set aside the deed of the receiver to the purchaser. The motion was made in an action which was originally brought under the statute in the Superior Court of New Plan-over County to settle the affairs of the corporation known as the “Peregoy-Jenkins Company,” and A. G.…
1Opinion of the CourtWalker, J.
It cannot be material in' tbis case that tbe motion is made by Mr. Bellamy as attorney in bebalf of Cbarles S. Reilly & Co., if in making tbe motion he is also representing bis client, tbe Peregoy-Jenkins Lumber Company, which is a party to tbe record. His right to move in tbe cause is derived from tbe original authority which was given by the defendant, tbe Peregoy-Jenkins Lumber Company, to appear for it generally in tbe proceeding, and tbis authority was not terminated by tbe order of sale which tbe court made. If tbe Peregoy-Jenkins Lmnber Company could move to set aside tbe order…
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