Hester v. . Lawrence
Supreme Court of North Carolina
Civil ACTION, tried before Shipp, J, upon appeal, by the defendant, from a judgment of the Clerk of the Superior Court of Johnston County, Spring Term, 1888. Turner Lawrence died in the county of Johnston in 1882; the defendant is his administrator, and this action ivas- commenced by the plaintiff, on behalf of herself and all other creditors of the deceased, in the Superior Court of Johnston County, before the Clerk, for an account and settlement.
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Civil ACTION, tried before Shipp, J, upon appeal, by the defendant, from a judgment of the Clerk of the Superior Court of Johnston County, Spring Term, 1888. Turner Lawrence died in the county of Johnston in 1882; the defendant is his administrator, and this action ivas- commenced by the plaintiff, on behalf of herself and all other creditors of the deceased, in the Superior Court of Johnston County, before the Clerk, for an account and settlement. The plaintiff alleges that there is a balance of $1,273, with interest from November 23,1884, due to her on a judgment obtained against the…
1Opinion of the CourtDavis, J.
(after stating the case). This is “ a special proceeding,” authorized by § 1448 of The Code, to compel the defendant “ to an account of his administration, and to pay the creditors what may be payable to them respectively.” “ Its purpose is to ascertain what the assets of the estate are, and distribute the same among all the creditors entitled to share them, according to their respective rights.” Dobson v. Simonton, 93 N. C., 268.
Section 1451 of The Code directs that the Clerk shall advertise for all creditors of the deceased to appear, &c., and § 1452 directs that “ the advertisement shall…
2Cases cited3 opinions
- Brittain v. . MullSupreme Court of North Carolina · 1884
- Dobson v. . SimontonSupreme Court of North Carolina · 1885
- Brooks v. . HeadenSupreme Court of North Carolina · 1883