Loftin v. . Rouse
Supreme Court of North Carolina
Special proceeding, transferred to the Superior Court in Term, heard by Avery, Judge, at Fall Term, 1885, of Lenoie Superior Court. The facts appear in the opinion. The plaintiff appealed.
1Opinion of the CourtMerrimon, J.
This is a special proceeding brought in the Superior Court of the county of Lenoir, by the plaintiff, to sell land of his intestate, to make assets to pay debts, etc.
The pleadings were made up before the Clerk, acting as and for the Court, as allowed by The Code, §251, and issues of fact were raised, to be tried by a jury. Thereupon, the Clerk transferred the “ ease to the civil issue docket for trial of the issues at the ensuing Term of the Superior Court,” as required by The Code, §256.
Afterwards, in Term time, the counsel for the defendants Pelletier and wife, moved the Court to amend the…
2Cases cited2 opinions
- Brittain v. . MullSupreme Court of North Carolina · 1884
- Wharton v. . WilkersonSupreme Court of North Carolina · 1885