Alexander v. . Norwood
Supreme Court of North Carolina
PROCEEDING, begun by petition, before the Clerk of the ■■Superior Court of Orange County, by the heirs and next -of kin of Alexander Pratt, deceased, against the defendant, his administrator, for the purpose of having the defend- ■ ant increase his bond and to render an account and distribute the funds of the estate, heard by Starlmok, Jat Pali Term, 1895, of OkaNGE Superior Court, on appeal from "the judgment of the Clerk sustaining the demurrer of ■defendant.
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PROCEEDING, begun by petition, before the Clerk of the ■■Superior Court of Orange County, by the heirs and next -of kin of Alexander Pratt, deceased, against the defendant, his administrator, for the purpose of having the defend- ■ ant increase his bond and to render an account and distribute the funds of the estate, heard by Starlmok, Jat Pali Term, 1895, of OkaNGE Superior Court, on appeal from "the judgment of the Clerk sustaining the demurrer of ■defendant. His Honor overruled the Clerk’s judgment and defendant appealed. The pertinent facts appear in the opinion of Chief Justice Faircloth.
1Opinion of the Court
Faircloth, C. J.:
The purpose of The Gode system is to avoid a multiplicity of actions by requiring litigating parties to try and dispose of all questions between them on the same subject matter in one action. Wheie ■an action is instituted and it appears to the court by plea, answer or demurrer that there is another action pending between the same parties and substantially on the same subject matter, and that all the material questions ■ and rights can be determined therein, such action will be dismissed. The plaintiff has no election to litigato_ .in the one or bring another action. Rogers…
2Cases cited1 opinion
- Long v. . JarrattSupreme Court of North Carolina · 1886
3Cited by16 opinions
- Cameron v. CameronSupreme Court of North Carolina · 1952
- Henry v. . HilliardSupreme Court of North Carolina · 1897
- Underwood v. . DooleySupreme Court of North Carolina · 1929
- McDowell v. Blythe Bros. Co.Supreme Court of North Carolina · 1952
- Dwiggins v. Parkway Bus Co.Supreme Court of North Carolina · 1949
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