Legal Opinion

Starnes v. . Thompson

Supreme Court of North Carolina

Decided May 2, 1917PublishedCited by 25 opinions

Civil actioN tried before Cline, J., at October Term, 1916, of UktioN, on special appearance and motion by defendants to dismiss the action for want of jurisdiction of the court, and then on demurrer ■to the complaint, based upon the ground, first, that the court has no jurisdiction of the action, and, second, that there is no cause of action stated, as the plaintiffs cannot attack collaterally the probate of a will taken in the court of another county, where the testator…

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Civil actioN tried before Cline, J., at October Term, 1916, of UktioN, on special appearance and motion by defendants to dismiss the action for want of jurisdiction of the court, and then on demurrer ■to the complaint, based upon the ground, first, that the court has no jurisdiction of the action, and, second, that there is no cause of action stated, as the plaintiffs cannot attack collaterally the probate of a will taken in the court of another county, where the testator resided and was domiciled at his death. The action was brought to remove a cloud from the title to land which plaintiffs…

1Opinion of the Court

WalKeb, J.,

after stating the case: It may be safely assumed that the following doctrine has been established by the courts with reference to the conclusiveness and binding effect of judgment, so long as they remain in force and unreversed. Where a judgment rendered by a domestic court of general or superior jurisdiction is attacked in a collateral proceeding there is a presumption, which can only be overcome by positive proof, that it had jurisdiction both of the persons and the subject-matter, and proceeded in the due exercise of its jurisdiction. “Although the court may be an inferior or'…

2Cases cited29 opinions

  1. Laing v. RigneySupreme Court of the United States · 1896
  2. Doyle v. . Brown, GuardianSupreme Court of North Carolina · 1875
  3. Sutton v. . SchonwaldSupreme Court of North Carolina · 1882
  4. Sumner v. . SessomsSupreme Court of North Carolina · 1886
  5. Rackley v. RobertsSupreme Court of North Carolina · 1908

24 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Clark v. . HomesSupreme Court of North Carolina · 1925
  2. Campbell v. Wyoming Development Co.Wyoming Supreme Court · 1940
  3. Holt v. HoltSupreme Court of North Carolina · 1950
  4. Clark v. Carolina Homes, Inc.Supreme Court of North Carolina · 1925
  5. Fann v. . R. R.Supreme Court of North Carolina · 1911

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