Culbreth v. . Smith
Supreme Court of North Carolina
Civil ActioN by legatee against executor for amount as-' certained to be due and reported in a proceeding before tbe Cleric, tried before Bynum, Jat November Term, 1898, of Cumberland Superior Court. Judgment by default for want of answer for debt and costs.
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Civil ActioN by legatee against executor for amount as-' certained to be due and reported in a proceeding before tbe Cleric, tried before Bynum, Jat November Term, 1898, of Cumberland Superior Court. Judgment by default for want of answer for debt and costs. Plaintiff excepted to a personal judgment only against defendant, claiming that he was entitled to a judgment adjudging the devastavit charged in the complaint and authorizing the issue of execution against the person of defendant. Appeal by plaintiff.
1Opinion of the CourtMoNtgomeey, J.
This action was commenced by the plaintiffs to recover of the defendant the sum of $273.02, a balance found to be due to the feme plaintiff by the defendant on his final account as executor of Euphenia Keith. It appears from the complaint that the defendant had filed his final account to which in some way exceptions had been made by the feme plaintiff, and that upon appeal the Judge had made an order, directed to the Clerk of the Superior Court of Cumberland County, to state the account between the defendant and the estate of the testator. The Clerk, in accordance with this order, restated…
2Cases cited1 opinion
- Malloy v. City of FayettevilleSupreme Court of North Carolina · 1898