Herring v. . Outlaw

The plaintiff's summons was returnable before the Superior (334) Court in Term time. Defendants demurred; assigned as a ground the want of jurisdiction. His Honor sustained the demurrer and gave judgment dismissing the action; from which judgment plaintiff appealed. I. A creditor's bill may be brought against the heirs and the executor or administrator by any one or more of the creditors, in behalf of all who choose to come in and make themselves parties to the action. Adams' E, pages 480 to 586; Wadsworth v. Davis, 63 N.C. 251, and cases there cited.

II. Where a debt is demanded, the action…