Moore Ex Rel. Carr v. Askew
Supreme Court of North Carolina
Special Proceeding heard an appeal at Spring Term, 1881, of Wake Superior Court, before Schenck, J. This is a proceeding commenced before the probate judge of Wake county, in which the plaintiff by her next friend, asks that the defendant, her guardian, may be required to disclose the manner in which he has invested her estate and the nature of the securities taken therefor.
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Special Proceeding heard an appeal at Spring Term, 1881, of Wake Superior Court, before Schenck, J. This is a proceeding commenced before the probate judge of Wake county, in which the plaintiff by her next friend, asks that the defendant, her guardian, may be required to disclose the manner in which he has invested her estate and the nature of the securities taken therefor. The proceeding began with a motion on the part of plaintiff based on a proper affidavit, to compel the defendant to give additional securities upon his guardian bond. Notice of this motion was served on the defendant and…
1Opinion of the CourtRuffin, J.
The exceptions taken here by defendant’s counsel being the same taken in the court below, are,
1. That the refusal of the probate judge to require the defendant to disclose the nature of the investments made of her estate did not affect any “ substantial right ” of the plaintiff, and could not therefore be the subject of an appeal.
2. That this motion of the plaintiff having been improperly interpolated into her other motion asking for additional security from her guardian, did not constitute any part of the proceeding, and was not rightfully before the court.
If satisfied that the defendant’s…
2Cited by3 opinions
- Cobb v. . FountainSupreme Court of North Carolina · 1924
- State Ex Rel. Moses v. MosesSupreme Court of North Carolina · 1933
- State Ex Rel. Collins v. GoochSupreme Court of North Carolina · 1887