Metcalf v. . Ratcliff

1 S.E.2d 565, 215 N.C. 243, 1939 N.C. LEXIS 241

• Court: Supreme Court of North Carolina
• Decided: March 8, 1939
• Status: Published

Opinion

Stacy, C. J.

The trial court evidently overlooked the fact that in each case the plaintiffs are seeking to revive and to have the balance due on their judgment fixed and established as well as to subject certain lands to its payment. Whether the complaints, to the extent that they may be regarded as bills of discovery, Jackson v. Thompson, 214 N. C., 539, were properly dismissed, need not now be determined, as it is necessary to reverse the nonsuit on the first ground. Perhaps upon a further hearing, the facts will be more fully developed.

Reversed.