Hood ex rel. Citizens Bank & Trust Co. v. Stewart

In the judgment of the clerk is the following: “That the complaint filed in this cause does not state a cause of action against the estate of J. W. Stewart, or against his executrix as such. Upon the foregoing findings of fact, the court concludes as a matter of law that said judgment is irregular and is not taken in accordance with the due course and practice of the Superior Court of Craven County, North Carolina, and not in accordance with section 130 of the Consolidated Statutes of North Carolina.”

In the judgment of the court below we find: “The complaint, upon which said judgment is…