Sumner v. . Staton
Supreme Court of North Carolina
Appeal by plaintiffs from tbe refusal of 0. H. Allen, J., to grant their motion for an injunction and receiver, in an action pending in Edgecombe and heard during the March Term, 1909, of the court. The court, being of opinion “that it had no jurisdiction of that part of said action, in which it is sought to set aside the will of Mrs. Charlotte A. Knight for alleged fraud,” etc., denied the motion for injunction and receiver. The plaintiff excepted and appealed.
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Appeal by plaintiffs from tbe refusal of 0. H. Allen, J., to grant their motion for an injunction and receiver, in an action pending in Edgecombe and heard during the March Term, 1909, of the court. The court, being of opinion “that it had no jurisdiction of that part of said action, in which it is sought to set aside the will of Mrs. Charlotte A. Knight for alleged fraud,” etc., denied the motion for injunction and receiver. The plaintiff excepted and appealed. The facts are stated in the opinion of the Court.
1ConcurrenceWalker, J.
The court, being of opinion "that it had no jurisdiction of that part of said action, in which it is sought to set aside the will of Mrs. Charlotte A. Knight for alleged fraud," etc., denied the motion for injunction and receiver. The plaintiff excepted and appealed.
The facts are stated in the opinion of the Court. On the argument, and in appellant's brief, exception is particularly taken to the opinion of his Honor that the fact that the defendant L. L. Staton being sole residuary legatee under the will of Charlotte A. Knight will in a measure affect the original equitable jurisdiction of…
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- Lee v. . PearceSupreme Court of North Carolina · 1873
- Eastis v. MontgomerySupreme Court of Alabama · 1890
- Wood, Ex'r. v. . Cherry .Supreme Court of North Carolina · 1875
- Branch v. . FrankSupreme Court of North Carolina · 1879
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3Cited by22 opinions
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- Moore v. MooreSupreme Court of North Carolina · 1979
- Hooper v. MusolinoSupreme Court of Virginia · 1988
- Bohannon v. TrotmanSupreme Court of North Carolina · 1939
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