Brooks v. Holton.
Supreme Court of North Carolina
ActioN by the State on relation of A. L. Brooks, Solicitor, against A. A. Holton, heard by Judge O. M. Ooolce, at February Term, 1904, of the Superior Court of Guiutoed County. From a judgment for the plaintiff the defendant appealed.
1Opinion of the CourtConnor, J.
This action was brought by E. S. Parker, Solicitor, for the, purpose of recovering an amount of money paid to the defendant, Clerk of the Superior Court of Guil-ford County, by O. R. Benbow, administrator of Mary Stanback, for the benefit of her distributees. The present plaintiff was made a party as tbe successor of Mr. Parker. The prayer for judgment was that the plaintiff recover the amount for the benefit of Ada A. Stanback and Belle Stan-back, the distributees. The defendant demurred for that the plaintiff had no authority nor was it his duty to sue for the money paid into the Clerk’s…
2Cases cited4 opinions
- Merrill v. . MerrillSupreme Court of North Carolina · 1885
- State Ex Rel. Cox v. PeeblesSupreme Court of North Carolina · 1872
- State Ex Rel . Goodman v. . Goodman, Ex'r. .Supreme Court of North Carolina · 1875
- Board of County Commissioners v. CandlerSupreme Court of North Carolina · 1898
3Cited by1 opinion
- Posvar v. PearceWyoming Supreme Court · 1928