Wilson v. . Lineberger
Supreme Court of North Carolina
MOTION by defendant to dismiss the action heard at Fall Term, 1879, of Gaston Superior Court, before Buxton, J, A.t the first term of the court after the coming in of a report of a referee of the statement of an account, the defendant’s counsel moved to dismiss the action “ for want of equity,” and was proceeding to state the grounds of the motion, when the court expressed the opinion that as a demurrer to the complaint had once been filed and overruled, and no appeal taken,…
Read the full summary
MOTION by defendant to dismiss the action heard at Fall Term, 1879, of Gaston Superior Court, before Buxton, J, A.t the first term of the court after the coming in of a report of a referee of the statement of an account, the defendant’s counsel moved to dismiss the action “ for want of equity,” and was proceeding to state the grounds of the motion, when the court expressed the opinion that as a demurrer to the complaint had once been filed and overruled, and no appeal taken, this motion was not in apt time. Motion refused, and defendant appealed.
1Opinion of the CourtSmith, C. J.
The plaintiffs bring their action against the defendant for an account and settlement of his administration of the estate of Laben Lineberger, a lunatic, of whom he was guardian in the intestate’s life time, and one of his administrators in association with the feme plaintiff, possessed of the trust fund after his death ; also for the adjustment of a co-partnership of which himself and the intestate were members, and to carry into effect an agreement in relation thereto, entered into between the parties. The defend ant demurred to the complaint on the ground of its multifariousness, which at…
2Cases cited4 opinions
- Garrett v. . TrotterSupreme Court of North Carolina · 1871
- Jones v. . ThorneSupreme Court of North Carolina · 1879
- State v. . EvansSupreme Court of North Carolina · 1876
- Long v. Bank of YanceyvilleSupreme Court of North Carolina · 1879
3Cited by18 opinions
- Henry v. . HilliardSupreme Court of North Carolina · 1897
- Roulhac v. . BrownSupreme Court of North Carolina · 1882
- Dockery v. Fairbanks-Morse Co.Supreme Court of North Carolina · 1916
- Pasour v. . LinebergerSupreme Court of North Carolina · 1884
- Sanderson v. . DailySupreme Court of North Carolina · 1880
13 more not listed; retrieve them via the Exa API.