Cook v. American Exchange Bank
Supreme Court of North Carolina
ActioN by P. E. Cook, trustee of Andrew Brown, bankrupt, against the American Exchange Bank and others, heard by Judge Geo\ II. Brown, at November Term, 1901, of the Superior Court of Dake County. Erom an order allowing defendants to file an answer and refusal of judgment for the plaintiff, the plaintiff appealed.
1Opinion of the CourtCook, J.
When this case was before us upon appeal at the' August Term, 1901 (129 N. C., 149), the questions therein raised were fully considered, and it was decided that the plaintiff was “entitled to judgment by default and inquiry,” and that the Court had “erred in not granting the same.” When the case again came on for hearing in the Superior Court, and being heard upon the certificate of this Court, defendants, People’s Bank and Ensign. & Son, again “moved to dismiss the action for want of legal service; and at the same time plaintiff moved for judgment by default and inquiry for want of an…
2Cases cited2 opinions
- Alspaugh v. . WinsteadSupreme Court of North Carolina · 1878
- Cook v. American Exchange BankSupreme Court of North Carolina · 1901
3Cited by4 opinions
- Corporation Commission v. RailroadSupreme Court of North Carolina · 1904
- R. R. Connection CaseSupreme Court of North Carolina · 1904
- Banking Co. v. . MoreheadSupreme Court of North Carolina · 1900
- Cook v. American Exchange BankSupreme Court of North Carolina · 1902