Lee v. . McKoy
Supreme Court of North Carolina
Civil action, tried before Graham, J., and a jury, at Fall Term, 1895, of Sampson Superior Court. A. A. McKoy died November 11, 1885, seized of real and persona] property. On November 13, 1885, L. A. McKoy qualified as executrix under his last will and testament, and on the 19th made advertisement for creditors.
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Civil action, tried before Graham, J., and a jury, at Fall Term, 1895, of Sampson Superior Court. A. A. McKoy died November 11, 1885, seized of real and persona] property. On November 13, 1885, L. A. McKoy qualified as executrix under his last will and testament, and on the 19th made advertisement for creditors. On February 11, 1892, plaintiff A. M. Lee recovered judgment before a justice of the peace against defendant executrix on a note under seal, due January 1, 1883, for $74.49, andón an account due at his death $106.53, which were docketed in the superior court on February 11, 1892. On…
1Opinion of the Court
Clark. J.:
The Corle, Sec. 162, provides that if, after a cause of action accrues against any person, he shall depart from and reside out of the State or remain continuously absent from the State for the space of one year'or more, the time of his absence shall not be counted as any part of the time limited for the commencement of the action. When a person becomes a non-resident of the State it is not necessary that he should remain continuously out of the State oue year to stop the running of the statute, nor would occasional visits to the State put the statute in motion. Armfield v. Moore, 97…
2Cases cited15 opinions
- Speer v. . JamesSupreme Court of North Carolina · 1886
- Bevers v. . ParkSupreme Court of North Carolina · 1883
- Armfield v. . MooreSupreme Court of North Carolina · 1887
- Latham v. . BellSupreme Court of North Carolina · 1873
- Pelletier v. . SaundersSupreme Court of North Carolina · 1872
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3Cited by15 opinions
- In Re Liquidation of Canal Bank & Trust Co.Supreme Court of Louisiana · 1935
- Hill v. . LindsaySupreme Court of North Carolina · 1936
- Merchants & Planters National Bank of Sherman v. AppleyardSupreme Court of North Carolina · 1953
- Best v. . BestSupreme Court of North Carolina · 1913
- Ownbey v. . Parkway Properties, Inc.Supreme Court of North Carolina · 1942
10 more not listed; retrieve them via the Exa API.