State Ex Rel. Brown v. Pike
Supreme Court of North Carolina
The action is brought by the distributees of the intestate of the defendant Pike, against him as administrator on his official bond, to which the other defendant, Neese, is one of the sureties, (the other being insolvent,) to recover the amount of a judgment, heretofore obtained by the plaintiffs against said Pike, in the Court of Equity.
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The action is brought by the distributees of the intestate of the defendant Pike, against him as administrator on his official bond, to which the other defendant, Neese, is one of the sureties, (the other being insolvent,) to recover the amount of a judgment, heretofore obtained by the plaintiffs against said Pike, in the Court of Equity. It appears that in 1868, the plaintiffs filed a bill in Equity against the administrator Pike for an account and settlement of the estate of his intestate, Madison Brown, who died in 1862; that in this suit a reference was had and the account stated, which…
1Opinion of the Court
ByNüm:, J.
The judgment must be affirmed. Prior to 1844, a judgment against the administrator was conclusive evidence both of the debt and of assets. But as to the surety upon the administration bond, who' was not a party to the action, it was no evidence whatever of asáets, but was conclusive of the debt only. As to him, the judgment was res inter alios judicata. Armistead v. Hammond, 4 Hawks, 339; McKeller v. Bowell, 4 Hawks, 34; 7 Jones, 242; Bond v. Billups, 8 Jones, 423; 4 Hawks, 43.
The act of 1844, Bat. Bev., chap. 43, sec. 10, introduced a change in the law of evidence. The act provides…
2Cited by7 opinions
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- Moore v. . AlexanderSupreme Court of North Carolina · 1887
- Miller v. . PittsSupreme Court of North Carolina · 1910
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