United States Fidelity & Guaranty Co. v. Eary

Kenna, Judge:

By this proceeding in prohibition, the petitioner, United States Fidelity & Guaranty Company, seeks to stop proceedings in a judgment lien creditor’s suit pending before the Honorable J. W. Eary, Judge of the Circuit Court of Fayette County, wherein the Bank of Raleigh is plaintiff and Isaiah Kidd and others are defendants.

The' petition alleges that the Circuit Court of Fayette County is without jurisdiction to entertain the judgment lien creditor’s suit because of the fact that the bill of complaint filed therein shows upon its face that two executions were issued upon the…