Interstate National Bank of Kansas City v. Citizens Bank & Trust Co.

Supreme Court of North Carolina

Interstate National Bank of Kansas City v. Citizens Bank & Trust Co.

114 S.E. 164, 184 N.C. 243, 1922 N.C. LEXIS 62

DecidedOctober 25, 1922

StatusPublished

This text of 114 S.E. 164 (Interstate National Bank of Kansas City v. Citizens Bank & Trust Co.) 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

Interstate National Bank of Kansas City v. Citizens Bank & Trust Co., 114 S.E. 164, 184 N.C. 243, 1922 N.C. LEXIS 62 (N.C. 1922).

Pincite

Opinion

Hoke, J.

There is doubt if any order of consolidation should be made with the suit of Temple v. Hay Co., ante, 239, after verdict and judgment in the latter case. As now advised, we concur in his Honor’s view, that an order of consolidation could not be made with a cause which was in the Supreme Court by a perfected appeal, and must hold, therefore, that the present appeal be dismissed without prejudice. Since appeal taken, it appearing, however, that a new trial has been ordered in the suit of Temple v. Hay Co., supra, we consider it right to say that there should be a consolidation of these two suits, to the end that the court thus acquiring full jurisdiction, both of the res and person of the claimant, may be able to dispose of the entire controversy and enter judgment awarding this money to the rightful owner, and thus protect defendant bank, which is without fault in the premises, from a double liability for the same fund.

Appeal dismissed.

Stacy, J., not sitting.

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Hoke, J.

There is doubt if any order of consolidation should be made with the suit of Temple v. Hay Co., ante, 239, after verdict and judgment in the latter case. As now advised, we concur in his Honor’s view, that an order of consolidation could not be made with a cause which was in the Supreme Court by a perfected appeal, and must hold, therefore, that the present appeal be dismissed without prejudice. Since appeal taken, it appearing, however, that a new trial has been ordered in the suit of Temple v. Hay Co., supra, we consider it right to say that there should be a consolidation of these two suits, to the end that the court thus acquiring full jurisdiction, both of the res and person of the claimant, may be able to dispose of the entire controversy and enter judgment awarding this money to the rightful owner, and thus protect defendant bank, which is without fault in the premises, from a double liability for the same fund.

Appeal dismissed.

Stacy, J., not sitting.

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Bluebook (online)

114 S.E. 164, 184 N.C. 243, 1922 N.C. LEXIS 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/interstate-national-bank-of-kansas-city-v-citizens-bank-trust-co-nc-1922.