Pender v. . Mallett
Supreme Court of North Carolina
Appeal from an order in the cause made by Brown, J., at June Term, 1898, of the Superior Court of Edge-combe County. The action was brought by the plaintiff as Receiver, for the purpose of. recovering certain property which was alleged to belong to the firm, in failing circumstances, composed of .John P. Mallett and 0. B. Mehegan, defendants, and to have been fraudulently placed in possession of defendant, Mrs. 'S. Mallett, wife of one of the firm and sister of the other.
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Appeal from an order in the cause made by Brown, J., at June Term, 1898, of the Superior Court of Edge-combe County. The action was brought by the plaintiff as Receiver, for the purpose of. recovering certain property which was alleged to belong to the firm, in failing circumstances, composed of .John P. Mallett and 0. B. Mehegan, defendants, and to have been fraudulently placed in possession of defendant, Mrs. 'S. Mallett, wife of one of the firm and sister of the other. The complaint also claimed a debt, alleged to be due from the defendant, Loan Association to John P. Mallett. There was a…
1Opinion of the Court
Clark, J.:
Under The Code, Section 581, the defendant mav be examined before pleadings filed to procure information in framing the complaint as was the case in Holt v. Warehouse Co., 116 N. C., 480, where it is held that an appeal from such order was premature and would be dismissed; or, the defendant may be examined after answer filed to .procure evidence in the cause, Helms v. Green, 105 N. C., 251; Vann v. Lawrence, 111 N. C., 32; and in the latter case the Court held that an appeal from such an order would be premature, pointing out that trials would be needlessly prolonged and costs…
2Cases cited6 opinions
- Helms v. . GreenSupreme Court of North Carolina · 1890
- Daniels v. . FowlerSupreme Court of North Carolina · 1897
- Vann v. . LawrenceSupreme Court of North Carolina · 1892
- Holt v. Southern Finishing & Warehouse Co.Supreme Court of North Carolina · 1895
- Gillam v. Life Insurance Co.Supreme Court of North Carolina · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bohannon v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1936
- Michael v. MooreSupreme Court of North Carolina · 1911
- Observer Co. v. . LittleSupreme Court of North Carolina · 1917
- Michael v. . MooreSupreme Court of North Carolina · 1911
- Ogburn v. . Sterchi Brothers Stores, Inc.Supreme Court of North Carolina · 1940
1 more not listed; retrieve them via the Exa API.