Ex parte Wilson
Supreme Court of North Carolina
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
- Mason and Another v. . MilesSupreme Court of North Carolina · 1869
- In Re AndersonSupreme Court of North Carolina · 1903
- Perry v. . BassengerSupreme Court of North Carolina · 1941
- Williams v. . DunnSupreme Court of North Carolina · 1912
- Wooten v. . CunninghamSupreme Court of North Carolina · 1916
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Wood v. . FauthSupreme Court of North Carolina · 1945