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202 N.C. 357

162 S.E 769

In Re Eubanks

Supreme Court of North Carolina

Decided March 9, 1932

Supreme Court of North Carolina · decided 1932-03-09

Good law ✅— No negative treatment on recordhow we know

Decided 1932-03-09

How this case has been cited

Cited by 6 later decisions — most recently July 1974

6 state decisions

2019321940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Stacy, C. J.

¶1 The petitioner is not asking to have his matrimonial status declared, as was the case in Baumann v. Baumann, 250 N. Y., 382, nor his legitimacy established, as appeared in Beresford v. Attorney-General, L. R. (1918) Prob., 33, note 12 A. L. R., 86. See, also, note, 68 A. L. R., 129. He seeks only to have his racial status determined in an ex parte proceeding with no contradicter present. Primarily, his purpose partakes of a social matter rather than a legal controversy.

¶2 The proceeding is not within the scope or purview of the Uniform Declaratory Judgment Act, chap. 102, Public Laws 1931. Poore v. Poore, 201 N. C., 791, 161 S. E., 532.

¶3 Proceeding dismissed.

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