In Re Assessment Against Stockholders

Supreme Court of North Carolina

In Re Assessment Against Stockholders

164 S.E. 923, 203 N.C. 840, 1932 N.C. LEXIS 99

DecidedJune 29, 1932

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This text of 164 S.E. 923 (In Re Assessment Against Stockholders) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re Assessment Against Stockholders, 164 S.E. 923, 203 N.C. 840, 1932 N.C. LEXIS 99 (N.C. 1932).

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Opinion

The only exception and assignment of error on the part of the appealing stockholders, is to the judgment sustaining the demurrers and dismissing the stockholders' appeal and declaring the assessment on the stockholders valid. We think this is error and the *Page 841 judgment should be reversed. From the pleadings as they now appear of record, we think that all matters in controversy should be settled in this action and all the rights of the appealing stockholders heard and determined. Such amendments to the pleadings as are necessary to the complete determination of this action, should be allowed. As to the question of jurisdiction, see Corporation Commission v. Bank, 199 N.C. 586. The judgment below is

Reversed.

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The only exception and assignment of error on the part of the appealing stockholders, is to the judgment sustaining the demurrers and dismissing the stockholders' appeal and declaring the assessment on the stockholders valid. We think this is error and the *Page 841 judgment should be reversed. From the pleadings as they now appear of record, we think that all matters in controversy should be settled in this action and all the rights of the appealing stockholders heard and determined. Such amendments to the pleadings as are necessary to the complete determination of this action, should be allowed. As to the question of jurisdiction, see Corporation Commission v. Bank, 199 N.C. 586. The judgment below is

Reversed.

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Bluebook (online)

164 S.E. 923, 203 N.C. 840, 1932 N.C. LEXIS 99, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-assessment-against-stockholders-nc-1932.

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