Legal Opinion

Ex parte Wilson

Supreme Court of North Carolina

Decided October 14, 1942PublishedCited by 1 opinion

1Opinion of the CourtSchenck, J.

This appeal poses only two questions: first, Did tbe court err in denying appellant’s motion, made under special appearance, to vacate tbe restraining order for tbe reason that tbe Fletcher Lumber Company was not a party to tbe original ex parte proceeding before tbe clerk?, and second, Did tbe court err in denying said motion for tbe reason that a final judgment bad been entered in said proceeding? We are of tbe opinion, and so bold, that a negative answer is proper to both questions.

Appellant’s position that tbe Fletcher Lumber Company is not a party to tbe ex parte proceeding is untenable.…

2Cases cited11 opinions

  1. Mason and Another v. . MilesSupreme Court of North Carolina · 1869
  2. In Re AndersonSupreme Court of North Carolina · 1903
  3. Perry v. . BassengerSupreme Court of North Carolina · 1941
  4. Williams v. . DunnSupreme Court of North Carolina · 1912
  5. Wooten v. . CunninghamSupreme Court of North Carolina · 1916

6 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Wood v. . FauthSupreme Court of North Carolina · 1945

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