Glover v. . Flowers
Supreme Court of North Carolina
This is a civil ACTION, which was tried before Avery, J., at February Term, 1888, of Wilson Superior Court. Bennett Flowers died intestate, in October of 1867, in the county of Wilson, and in the same month Edwin Fulghum was appointed and qualified as administrator of his estate.' The latter, without completing the administration, died in December of 1880,.and the plaintiff was appointed administrator de bonis non of the estate of the intestate Flowers and qualified on the…
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This is a civil ACTION, which was tried before Avery, J., at February Term, 1888, of Wilson Superior Court. Bennett Flowers died intestate, in October of 1867, in the county of Wilson, and in the same month Edwin Fulghum was appointed and qualified as administrator of his estate.' The latter, without completing the administration, died in December of 1880,.and the plaintiff was appointed administrator de bonis non of the estate of the intestate Flowers and qualified on the 19th of August, 1881. In 1866 William Peel, as guardian of Kizziah Peel, held the single bond of Bennett Flowers for…
1Opinion of the Court
Merrimon, J.,
(after stating the case) Such irregularity has been allowed to prevail in the course of this special proceeding as we think the Court below ought not to tolerate, much less encourage.
Although it was begun in vacation before the Clerk of the Court, as it should have been, still, at once, upon the filing of the petition and answer, raising issues of fact, it was transferred to the regular civil issue docket, and treated continuously thereafter as an action brought to the regular term of the Court. The plaintiff was allowed to file an amended ■complaint, and allege therein a cause…
2Cases cited10 opinions
- State Ex Rel. Clendenin v. TurnerSupreme Court of North Carolina · 1887
- Peoples v. . NorwoodSupreme Court of North Carolina · 1886
- Badger v. . DanielSupreme Court of North Carolina · 1878
- Hinton v. . WhitehurstSupreme Court of North Carolina · 1874
- Hinton v. . WhitehurstSupreme Court of North Carolina · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Strother v. Aberdeen & Ashboro RailroadSupreme Court of North Carolina · 1898
- Brittain v. . DicksonSupreme Court of North Carolina · 1889
- Street v. . AndrewsSupreme Court of North Carolina · 1894
- Commonwealth Ex Rel. Rogers v. DavenSuperior Court of Pennsylvania · 1929
- Jones v. . WilsonSupreme Court of North Carolina · 1889
2 more not listed; retrieve them via the Exa API.