Bennick v. . Bennick

62 N.C. 45

• Court: Supreme Court of North Carolina
• Decided: June 5, 1866
• Status: Published

Opinion

Battle, - J.

We are unable to perceive any .ground upon which the demurrer in this case can be sustained. The bill alleges debts due the plaintiff, that they have been reduced to judgments, that executions of fi. fa. issued upon them have been returned, “ no goods and chattels, lands or tenements, tobe found,” and that the defendant, P. H. Ben-nick, is insolvent, except as to the distributive share now in the hands of the defendant, Stamey. These allegations are admitted hy-the demurrer, and according to the eases of Hough v. Gress, 4 Jones Eq., 295, and Tabb v. Williams, Ibid, 352, they show that the plaintiff should have the relief which he .-seeks.

The demurrer must be overruled and the cause remanded, to the end that the defendants may answer the bill.

Per Curiam.

Demurrer overruled.