In Re Eubanks
This text of 162 S.E. 769 (In Re Eubanks) 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.
Opinion
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.
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.
Proceeding dismissed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
162 S.E. 769, 202 N.C. 357, 1932 N.C. LEXIS 503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-eubanks-nc-1932.