Arnold v. . Porter

Decided September 5, 1896

Supreme Court of North Carolina · decided 1896-09-05

CoNtroversy without action, heard upon facts agreed before BoyTcin, J., at Chambers, on 3rd day of October, 1896. The affidavit required by Section 567 of The Code was not made or filed. Judgment was rendered against the party named as defendant, and he appealed.

Decided 1896-09-05

MONTGOMERY, J.:

¶1 It was intended, it seems, to submit without action a case containing facts upon which the controversy depends, under Section 567 of The Code. It *124 appears that the affidavit required by the statute, to the effect that the controversy is real and that the proceeding is in good faith to determine the rights of the parties, was never made or filed. Such an affidavit is a prerequisite to the exercise of jurisdiction in the matter. Jones v. Com missioners, 88 N. C., 56 ; Grant v. Newsom, 81 N. C., 86. The proceeding must be dismissed.

¶2 Dismissed.