Arnold v. . Porter
Cases that cite this one
3 later published cases cite this decision.
- Finney v. . Corbett (N.C. 1927)
- Waters v. . Boyd (N.C. 1920)
- Grandy v. . Gulley (N.C. 1897)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.