Etheridge v. Leary

It is apparent from the uncontroverted allegations of the fourth paragraph of the petition that there is no real controversy *638bere. Everybody wants the same kind of judgment. Only one result is-desired or contemplated. Tryon v. Power Co., 222 N. C., 200, 22 S. E. (2d), 450. Moreover, to undertake to declare the marital status of persons not before the court, and in the case of Roscoe S. Ange doubtless undesired by him, is clearly in excess of the court’s jurisdiction.

The feeble denial by the respondent, Oscar Riddick, of the validity of his marriage, if, indeed, he really denies it, was…