Johnson v. Futrell Bros. Lumber Co.

Plaihtiff’s Appeal.

Devin, J.

The plaintiff appealed from the order of the court below remanding the cause to the clerk and holding that her only remedy was by motion in a special proceeding heretofore determined. She contends that having instituted in the Superior Court an action cognizable in that court, the trial judge was in error in remandng the cause to the clerk, and in that view we concur.

The plaintiff alleged that in a special proceeding to which she was a party there was a consent decree entered that the timber on the land be sold for division, with provision in the order that the…