Herring v. Outlaw

Decided January 15, 1874

Supreme Court of North Carolina · decided 1874-01-15

Civil ACTION, (in the nature of a special proceeding,) tried before Glarke, J., at Spring Term, 1873, of DupliN Superior Court. The plaintiff’s summons was returnable before the Superior Court in Term time. Defendants demurred; assigned as a ground the want of jurisdiction. His Honor sustained the demurrer and gave judgment dismissing the action ; from which judgment plaintiff appealed.

Decided 1874-01-15

Settle, J.

¶1This is an action in the nature of a creditor’s bill, commenced in April, 1872, against the administratrix and heirs-at-law of B. R. Outlaw, deceased, and made returnable to the Superior Court at term time.

¶2His Honor dismissed the action for want of jurisdiction.

¶3"Without pausing to enquire whether the action was properly brought or not, it is sufficient to say that in Bell v. King, supra, we have held that the act of 1870-71, ch. 108, re-enacted by the act of 1872-73, ch. 175, and brought forward in Battle’s Revisal, chap. 17, secs. 425, 426, does not conflict with the Constitution, and that it cures irregularities and defects in the manner of bringing actions, &c., before one Court when they should have been brought before another.

¶4The judgment of the Superior Court is reversed, the demurrer overruled, and the case remanded to be proceeded in according to law.

¶5Pee Cueiam. Judgment reversed.