Legal Opinion

Geitner v. . Jones

Supreme Court of North Carolina

Decided May 23, 1917PublishedCited by 4 opinions

Civil action^ tried upon demurrer at November Term, 1916, of Caldwell, before Ferguson, J. The court sustained the demurrer and dismissed the action. Plaintiffs appealed.

1Opinion of the CourtBeowN, J.

The grounds of demurrer are:

1. For that it appears upon the face of the complaint that there is a defect of parties defendant in that the executor or administrator of J. G. Hall, the maker of the note sued on, is a necessary party.

2. In that the complaint fails to state a cause'of action. The complaint alleges the making of a note for $300 to plaintiffs’ testator by J. G. Hall, and sets out a copy of the note, and that there is due and unpaid on it $333.89. It alleges the execution of a deed in trust by Hall and wife, Annie E. Hall, conveying to Edmund Jones, trustee, certain lands belonging…

2Cases cited2 opinions

  1. McGowan v. DavenportSupreme Court of North Carolina · 1904
  2. Averett v. . WardSupreme Court of North Carolina · 1853

3Cited by4 opinions

  1. Geitner v. . JonesSupreme Court of North Carolina · 1918
  2. Baker v. MurphreySupreme Court of North Carolina · 1959
  3. Morgan v. . MorganSupreme Court of North Carolina · 1939
  4. Morgan v. MorganSupreme Court of North Carolina · 1939

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