Mitchell v. . Mitchell
Supreme Court of North Carolina
Civil action, tried upon complaint and demurrer, at Fall Term, 1885, of Bertie Superior Court, before 0mnor, Judge. It was alleged, in substance in the complaint, that E. J. Mitchell died intestate in the county of Bertie, prior to November of 1861, and that Stark B. Smith was appointed administrator of his estate on the 1st day of that month, and took possession of the personal property of his intestate, and afterwards died in August of 1867, before completing the…
Read the full summary
Civil action, tried upon complaint and demurrer, at Fall Term, 1885, of Bertie Superior Court, before 0mnor, Judge. It was alleged, in substance in the complaint, that E. J. Mitchell died intestate in the county of Bertie, prior to November of 1861, and that Stark B. Smith was appointed administrator of his estate on the 1st day of that month, and took possession of the personal property of his intestate, and afterwards died in August of 1867, before completing the administration of the estate in his hands; that thereafter, Abram Holder was appointed administrator de bonis non of said estate,…
1Opinion of the Court
Merrimon, J.,
(after stating the facts). We do not doubt that the Court properly sustained the demurrer. It is plainly to be seen that the plaintiff undertook to unite in the same action two separate and distinct causes of action that may not be so united against different parties in way connected with each other in such respect.
The first cause of action alleged is against the defendant Mitchell and his sureties for the alleged breach of the conditions of his bond as administrator de bonis non, in that he, having been removed as such administrator, failed to surrender to and account with the…
2Cases cited3 opinions
- Morris v. . GentrySupreme Court of North Carolina · 1883
- Brown v. . CobleSupreme Court of North Carolina · 1877
- Burns v. . WilliamsSupreme Court of North Carolina · 1883
3Cited by9 opinions
- Campbell v. Washington Light & Power Co.Supreme Court of North Carolina · 1914
- Burleson v. . BurlesonSupreme Court of North Carolina · 1940
- Martin v. . GoodeSupreme Court of North Carolina · 1892
- State Ex Rel. Cromartie v. ParkerSupreme Court of North Carolina · 1897
- Horton v. . PerrySupreme Court of North Carolina · 1948
4 more not listed; retrieve them via the Exa API.