Von Glahn v. . Derossett
Supreme Court of North Carolina
Practice — Severance of Defence — Demurrer. Civil AotioN, tried at Eall Term, 1876, of Bkunswick Superior Court, before McKoy, J. The action was commenced in New Hanover and remov- . As the subject of the decision of this Court is a question of pleading a statement of the facts is unnecessary. The demurrer of defendant Kidder was sustained by the Court below and plaintiffs appealed.
1Opinion of the CourtPeae-SON, C. J.
In Von Glahn v. Harris, 73 N. C. 323, it is held that one creditor could not maintain an action against' one stockholder; but that the action should be in the nature of a “creditors bill,” in the name of one or more of the creditors in behalf of themselves and all of the other creditors who may choose to become plaintiffs against all of the stockholders.
Accordingly this action is by Von Claim and the other creditors against DeRossett, Kidder and others, who are all of the stockholders known to plaintiffs, with leave to make defendants auy other stockholders who may become known to the…
2Cases cited1 opinion
- Von Glahn v. . HarrisSupreme Court of North Carolina · 1875
3Cited by19 opinions
- Brick Co. v. . GentrySupreme Court of North Carolina · 1926
- Sandlin v. City of WilmingtonSupreme Court of North Carolina · 1923
- McDowell v. Blythe Bros. Co.Supreme Court of North Carolina · 1952
- Besseliew v. . BrownSupreme Court of North Carolina · 1919
- Ideal Brick Co. v. GentrySupreme Court of North Carolina · 1926
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