State Ex. Rel. Petty v. Rousseau
Supreme Court of North Carolina
Civil action, tried before Graves, Judge, and a jury, at Fall Term, 1885, of the Superior Court of Wilkes county. The action was brought on the guardian bond of Benjamin F.. Petty, against the defendant J. O. Rousseau as his administrator,, and against A. L. Rousseau as his surety to said bond.
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Civil action, tried before Graves, Judge, and a jury, at Fall Term, 1885, of the Superior Court of Wilkes county. The action was brought on the guardian bond of Benjamin F.. Petty, against the defendant J. O. Rousseau as his administrator,, and against A. L. Rousseau as his surety to said bond. B. F. Petty was appointed guardian of the relator and his brother and sister, who were infants, on the 16th day of July, 1861, and it was alleged there were some funds in the hands of the guardian,, who was dead, due to his wards. The defendant denied, at first, the execution of the bond. He also…
1Opinion of the CourtAshe, J.
(after stating the facts). The record presents four questions for our consideration.
1. Was there error in the refusal of the Court to give the instructions asked by the plaintiff?
2. Was there error in directing the jury to reconsider their verdict and make it responsive to the issues?
-3. Did M. N. Petty have the right to maintain the action as relator ?
4. Was there error in the charge given by the Court to the jury?
Our opinion is, there was do error in the refusal to give the instructions asked by the plaintiff, nor in the instructions given by the Court. These exceptions, the first and…
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