Williams v. . McNair
Supreme Court of North Carolina
This is a civil ACTION, which was tried before Clark, Judge,. at January Term, 1887, of RobesoN Superior Court. There was judgment against all the plaintiffs (except McNeill and wife Caroline), from which they appealed; and the jury, under instructions from the Court, having found that the said Caroline was not barred of her right to recover, the Court directed a reference to ascertain the amount to which she was entitled, and from this order the defendants appealed.
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This is a civil ACTION, which was tried before Clark, Judge,. at January Term, 1887, of RobesoN Superior Court. There was judgment against all the plaintiffs (except McNeill and wife Caroline), from which they appealed; and the jury, under instructions from the Court, having found that the said Caroline was not barred of her right to recover, the Court directed a reference to ascertain the amount to which she was entitled, and from this order the defendants appealed. In the year 1855 James P. Hodges became the guardian of the plaintiffs, then infants, and executed his bond with Henry Elliot…
1Opinion of the Court
Smith, C. J.,
(after stating the case). By the law in force when the three several plaintiffs’ cause of action accrued, whose recovery is thus held to be obstructed, they were each required to call on the. guardian for a settlement on arriving at full age, and this is interpreted by Dahel, J., delivering the opinion in Johnson v. Taylor, 1 Hawks, 271, to require more than a mere demand for such settlement. “ I think,” he remarks, “ it is incumbent on the infant, after arriving at full age, not only to call for a full settlement, but to have a final adjustment of all accounts, matters and…
2Cases cited1 opinion
- Carmichael v. . MooreSupreme Court of North Carolina · 1883
3Cited by7 opinions
- McNeill v. . CurrieSupreme Court of North Carolina · 1895
- Norman v. . WalkerSupreme Court of North Carolina · 1888
- McNeill v. . McBrydeSupreme Court of North Carolina · 1893
- Southern Surety Co. v. BealSupreme Court of Oklahoma · 1928
- Self v. Shugart.Supreme Court of North Carolina · 1904
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