Greenleaf v. Land & Lumber Co.
Supreme Court of North Carolina
Civil actioN, beard before W. B. Allen, J., at September Term, 1907, of the Superior Court of PasquotaNK County. By consent, the court passed upon the facts and law. Judgment for plaintiff. Defendant Underwood appealed. The admissions in the pleading's and recitals in the judgment disclose this case: Prior to 25 September, 1869, the Land and Lumber Company was chartered and organized, with William Underwood as its president.
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Civil actioN, beard before W. B. Allen, J., at September Term, 1907, of the Superior Court of PasquotaNK County. By consent, the court passed upon the facts and law. Judgment for plaintiff. Defendant Underwood appealed. The admissions in the pleading's and recitals in the judgment disclose this case: Prior to 25 September, 1869, the Land and Lumber Company was chartered and organized, with William Underwood as its president. On the said 25 September, 1869, said William Underwood, together with Joseph Underwood, executed a deed containing the following language, material to a decision of this…
1Opinion of the Court
CONNOR, L,
after stating the case: Defendants insist that the plaintiff cannot maintain the action, for that the corporation, the Land and Lumber Company, has not been dissolved in accordance with the provisions of the statute (Revisal, sec. 1196). It must be conceded that a proceeding instituted and prosecuted pursuant to the statute would have been more orderly. We can perceive no good reason, however, for dismissing this action, wherein all parties in interest are now or, under his Honor’s order, will be brought into court and the same relief awarded as if tbe provisions of tbe statute bad…
2Cited by8 opinions
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- Bennett v. BennettWest Virginia Supreme Court · 1922
- Blades v. Hood Ex Rel. Savings Bank & Trust Co. of Elizabeth CitySupreme Court of North Carolina · 1932
- Lambeth v. LambethSupreme Court of North Carolina · 1959
- State v. CoerverArizona Supreme Court · 1966
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