Monroe v. . Holder
Supreme Court of North Carolina
Appeal by plaintiff from Granmer, J., at July Term, 1921, of Lee. Civil action pending in tbe Superior Court of Lee County. Tbe plaintiffs, desiring to elicit certain information, wbicb tbey allege is not otherwise obtainable, and is necessary and material to enable them to file their complaint, submitted tbe requisite affidavit and moved before tbe clerk for an order to examine tbe defendant as provided by C. S., 900 et seq. This was allowed.
Read the full summary
Appeal by plaintiff from Granmer, J., at July Term, 1921, of Lee. Civil action pending in tbe Superior Court of Lee County. Tbe plaintiffs, desiring to elicit certain information, wbicb tbey allege is not otherwise obtainable, and is necessary and material to enable them to file their complaint, submitted tbe requisite affidavit and moved before tbe clerk for an order to examine tbe defendant as provided by C. S., 900 et seq. This was allowed. Whereupon, tbe defendant entered a special appearance before tbe clerk and moved to vacate the order of examination on tbe ground tbat it bad been…
1Opinion of the CourtStacy, J.
It appearing tbat tbe order of examination, as entered by tbe clerk and approved by tbe judge, is based upon an affidavit, apparently sufficient in form and substance, and there being no denial ■of tbe facts or contrary showing by tbe defendant, we must dismiss tbe appeal as premature. Pender v. Mallett, 122 N. C., 163; Holt v. Warehouse Co., 116 N. C., 480; Vann v. Lawrence, 111 N. C., 32.
It is true, in Ward v. Martin, 175 N. C., 287, tbe Court, in its discretion, entertained an appeal from an order of tbis kind, because of tbe important questions presented; but in tbe instant case it does…
2Cases cited6 opinions
- Bailey v. . MatthewsSupreme Court of North Carolina · 1911
- Vann v. . LawrenceSupreme Court of North Carolina · 1892
- Holt v. Southern Finishing & Warehouse Co.Supreme Court of North Carolina · 1895
- Pender v. . MallettSupreme Court of North Carolina · 1898
- Ward v. . MartinSupreme Court of North Carolina · 1918
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Chesson v. Washington County BankSupreme Court of North Carolina · 1925
- Abbitt v. . GregorySupreme Court of North Carolina · 1928
- Knight v. . LittleSupreme Court of North Carolina · 1940
- Johnson v. Harriet Mills, Inc.Supreme Court of North Carolina · 1928
- Fox v. . YarboroughSupreme Court of North Carolina · 1945
6 more not listed; retrieve them via the Exa API.