Heath, Morrow & Co. v. Morgan
Supreme Court of North Carolina
AotioN heard upon complaint and demurrer before Tim-beHaTee, J~., at Fall Term, 1895, of Stanly Superior Court. The action is brought for the recovery of certain personal property and plaintiffs invoke the remedy of claim and delivery and file the usual affidavit and undertaking.
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AotioN heard upon complaint and demurrer before Tim-beHaTee, J~., at Fall Term, 1895, of Stanly Superior Court. The action is brought for the recovery of certain personal property and plaintiffs invoke the remedy of claim and delivery and file the usual affidavit and undertaking. Plaintiffs complaining allege: “That they are the owners and entitled to the'immediate possession, by virtue of certain chattel mortgages executed to plaintiffs by S. T. Morgan, of the following described property, to-wit: One mouse colored mare, one red horned cow, one pieded horned cow, one white pieded cow, one…
1Opinion of the Court
Furches, J. :
This is an action for the possession of personal property described in the complaint. The action is brought by “Heath, Morrow & Co.” This is the only description given of plaintiffs in the summons and complaint. To this complaint defendants demur and assign as one of the grounds of demurrer, “1st. For that the names of the parties plaintiff either in the summons or complaint, are not given.”
This we think is a fatal defect to plaintiffs’ action. Palin v. Small, 63 N. C., 484. Our attention was called to Cowan v. Baird, 77 N. C., 201, where the action was in the name of “Cowan,…
2Cases cited6 opinions
- Wiley v. . LoganSupreme Court of North Carolina · 1886
- Finley v. . SaundersSupreme Court of North Carolina · 1887
- Cowan, McClung & Co. v. BairdSupreme Court of North Carolina · 1877
- State Ex Rel. Attorney General v. SimontonSupreme Court of North Carolina · 1878
- Palin v. . SmallSupreme Court of North Carolina · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Brown v. . BrownSupreme Court of North Carolina · 1897
- Thomas v. Cooksey.Supreme Court of North Carolina · 1902
- Rosenbacher v. . MartinSupreme Court of North Carolina · 1915
- Moore v. . HurttSupreme Court of North Carolina · 1899
- Hardy & Newsome, Inc. v. WhedbeeSupreme Court of North Carolina · 1956
4 more not listed; retrieve them via the Exa API.