Cases

Reversed and Remanded and Memorandum Opinion filed November 4, 2021. In The Fourteenth Court of Appeals NO. 14-17-00223-CV REBECCA WILSON, ET AL., Appellants1 V. GEORGE FLEMING AND FLEMING & ASSOCIATES, L.L.P., Appellees On Appeal from the 189th District Court

Reversed and Remanded and Opinion filed December 21, 2018. In The Fourteenth Court of Appeals NO. 14-17-00223-CV REBECCA WILSON, ET AL., Appellants1 V. GEORGE FLEMING AND FLEMING & ASSOCIATES, L.L.P., Appellees On Appeal from the 189th District Court Harr

MaukeR, J- What real interest tbe defendant bas in tbis controversy we are unable to see. He bas to pay tbe judgment, in any event, and whether to tbe plaintiff, or one-third of it to tbe interveners, Messrs. Barringer and Strudwick, tbe attorneys of tbe plaintiff, can make no difference to him. A case directly in point is Newsom v. Russell, 77 N. C., 277, where tbe plaintiff was tbe assignee of tbe note on which tbe ac

This action was originally brought by the plaintiff against R. A. Wheeler individually. He was never sued as secretary and treasurer of plaintiff corporation. The complaint alleged that R. A. Wheeler was indebted to the plaintiff in a large sum of *Page 491 money, both on account of unpaid subscription to capital stock and money of the company, which he had as former secretary and treasurer received and not properly accounted for. It is alleged that prior

The record in this case on appeal was lodged in Division One of this court and on assignment fell to one of the commissioners of that division. His opinion reversing and remanding the judgment of the trial court was not adopted as the opinion of Division One and the cause was transferred to Court in Banc and has been here argued and submitted. We adopt in toto the statementStatement. of facts and contentions of the parties made by the learned commissioner in his opi