Silver Valley Mining Co. v. Baltimore Gold & Silver Mining & Smelting Co.
Supreme Court of North Carolina
Parties — Trial by Court — Reference—Issues—Corporations— Fraud — Exceptions— Waiver. This was a civil action, tried before MacRae, J, at Spring 'Term, 1886, of Davidson Superior Court. The plaintiff and the defendant corporations were created by and organized respectively under statutes (Private Acts 1860-61, chap. 107; Private Acts 1883, chap. 41,) of this .State.
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Parties — Trial by Court — Reference—Issues—Corporations— Fraud — Exceptions— Waiver. This was a civil action, tried before MacRae, J, at Spring 'Term, 1886, of Davidson Superior Court. The plaintiff and the defendant corporations were created by and organized respectively under statutes (Private Acts 1860-61, chap. 107; Private Acts 1883, chap. 41,) of this .State. “The Baltimore Gold and Silver Mining and Smelting Company, of Baltimore City,” mentioned in the pleadings in important connections, is a corporation created by .•and organized under the laws of the State of Maryland, and has the…
1Opinion of the Court
MekrjMON, J ,
(after stating the case). The motion to dismiss the action, upon the ground that certain persons named had not been made parties to it, was properly disallowed. If the objection had been a valid one, taken properly, and in apt time, it came too late — just before entering upon the trial — to be insisted upon as of right. The statute (The Code, §§ 239, par. 4, 242, 243) provides, that the defendant may demur, when it appears, upon the face of the complaint, ■“that there is a defect of parties plaintiff or defendant,” and that “ when any of the matters enumerated as grounds of…
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