Childs v. . Martin .
Supreme Court of North Carolina
This was a civil action brought to the Superior Court of the county of Mecklenburg, in which the plaintiffs complained of a judgment which the defendants had obtained in the Superior Court of New Hanover county by a fraudulent combination and contrivance, and they prayed for an injunction against it.
1Opinion of the CourtPearson, C. J.
“The rule is where there are Courts of equal and concurrent jurisdiction, the Court posseses the ease in which jurisdiction first -attaches.” Merrill v. Lake, 16 Ohio, 373.
This rule is so consonant with reason, and the necessity for such a rule in order to prevent confusion and conflict of jurisdiction is so obvious, that further comment is unnecessary, and we will simply refer as a matter, within the knowledge of every member of the profession, to the deplorable •Condition of things in the State of New York, resulting from a violation of this rule exhibited in the newspapers under the title…
2Cited by16 opinions
- Long v. . JarrattSupreme Court of North Carolina · 1886
- State v. ParkerSupreme Court of North Carolina · 1951
- Haywood v. HaywoodSupreme Court of North Carolina · 1878
- In Re SchenckSupreme Court of North Carolina · 1876
- State v. . WillifordSupreme Court of North Carolina · 1884
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