Blackmore v. . Winders
Supreme Court of North Carolina
Civil actioN beard before Jones, J., on demurrer at the November Term, 1906, of tbe Superior Court of DupliN County. Demurrer overruled. Defendant appealed.
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Civil actioN beard before Jones, J., on demurrer at the November Term, 1906, of tbe Superior Court of DupliN County. Demurrer overruled. Defendant appealed. Tbe plaintiffs in tbeir complaint allege, tbat on 13 May, 1905, they leased to W. L. Carlton tbe hotel “Northumber-land” and tbe lot on wbicb it stands for tbe year 1906, at $480 as rent, payable in advance on 1 January, 1906. Tbe lessee Carlton assigned bis interest to tbe defendant Winders, wbo entered under the plaintiffs, bnt failed to pay the rent on demand and thereby became indebted to the plaintiffs in the sum of $480 and…
1Opinion of the Court
Walke, J.,
after stating the case: There are only two questions to be considered in this case: First, whether the plaintiffs can sue upon the bond given by the defendants to stay execution in the ejectment proceedings before they have recovered judgment therein, and, second, whether the demurrer j being joint, it should have been overruled if a cause of action is stated in the complaint against any one of the defendants.
The condition of the bond is that it shall be void if the defendant Winders shall pay any judgment, which, in the summary proceedings in ejectment or in any other action, may…
2Cases cited24 opinions
- Stokes v. . TaylorSupreme Court of North Carolina · 1889
- People ex rel. Crawford v. LothropSupreme Court of Colorado · 1877
- Terre Haute & Logansport Railroad v. SherwoodIndiana Supreme Court · 1892
- Purcell v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- May v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1873
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3Cited by91 opinions
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- Coleman v. . WhisnantSupreme Court of North Carolina · 1945
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- Insurance Co. v. . McCrawSupreme Court of North Carolina · 1939
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