Smith v. . Moore
Supreme Court of North Carolina
Civil Actiok, tried at Spring Term, 1878, of Chow AN Superior Court, before Furches, J: It appeared that upon the petition of the feme plaintiff and other tenants in common, the defendant was appointed commissioner to sell certain lands, that the sale was made, the money collected by the defendant, title made to the purchaser, and the fhnd paid to the parties entitled, except the feme plaintiff, who complains and alleges that the defendant is indebted to her in the sum of…
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Civil Actiok, tried at Spring Term, 1878, of Chow AN Superior Court, before Furches, J: It appeared that upon the petition of the feme plaintiff and other tenants in common, the defendant was appointed commissioner to sell certain lands, that the sale was made, the money collected by the defendant, title made to the purchaser, and the fhnd paid to the parties entitled, except the feme plaintiff, who complains and alleges that the defendant is indebted to her in the sum of $272, being her share of the proceeds arising from the sale of lands in Per-quimans county, described in the petition of…
1Opinion of the CourtFaikcloth, J.
We are not informed by His Honor nor by any statement of the case, as it is called, on what ground this action was dismissed. We are told by counsel in their argument here, that it was done because there was another proceeding pending in which the plaintiffs could have com píete relief, and that, therefore, this action can not be sustained. This objection is not made by demurrer, plea or answer, but it is insisted that this Court, looking at the pleadings alone, can see, as a matter of law, that the plaintiffs had a complete remedy in another proceeding therein referred to. On reference to…
2Cited by11 opinions
- Cameron v. CameronSupreme Court of North Carolina · 1952
- McDowell v. Blythe Bros. Co.Supreme Court of North Carolina · 1952
- Emry v. . ChappellSupreme Court of North Carolina · 1908
- Curtis v. Piedmont Lumber & Mining Co.Supreme Court of North Carolina · 1891
- Hawkins v. . HughesSupreme Court of North Carolina · 1882
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