Allen v. Allemania Fire Insurance
Supreme Court of North Carolina
1Opinion of the CourtWinborne, J.
The decisive question arising on this appeal is: Where an appeal has been taken to the Superior Court from judgment of a specially created recorder’s court in action on contract over which that court has concurrent original jurisdiction with the Superior Court, can the Superior Court permit an amendment to the complaint which sets up an equitable cause of action for the reformation of contract, over which the recorder’s court has no jurisdiction? The answer is “No.”
The recorder’s court of White Oak and Buckhorn Townships, Wake County, created by special act of the Legislature, Public Laws…
2Cases cited17 opinions
- Rhyne v. . LipscombeSupreme Court of North Carolina · 1898
- Levin v. Gladstein.Supreme Court of North Carolina · 1906
- Hall v. . ArtisSupreme Court of North Carolina · 1923
- Stacey Cheese Co. v. PipkinSupreme Court of North Carolina · 1911
- Lutz v. . ThompsonSupreme Court of North Carolina · 1882
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3Cited by4 opinions
- State v. ParkerSupreme Court of North Carolina · 1951
- State Ex Rel. North Carolina Utilities Commission v. Old Fort Finishing PlantSupreme Court of North Carolina · 1965
- In Re GreerCourt of Appeals of North Carolina · 1975
- Goins v. . McLoudSupreme Court of North Carolina · 1948