McLaurin v. . McLaurin
Supreme Court of North Carolina
This was a motion in special proceedings, heard upon appeal from the judgment of the Clerk of the Superior Court at Fall Term, 1889, of Cumberland Superior Court, before MacRae, J. The special proceeding was, brought by the plaintiff administrator to obtain a license to sell lands of his intestate to make assets to pay debts of the latter. The heirs at law of the intestate were regularly made parties defendant.
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This was a motion in special proceedings, heard upon appeal from the judgment of the Clerk of the Superior Court at Fall Term, 1889, of Cumberland Superior Court, before MacRae, J. The special proceeding was, brought by the plaintiff administrator to obtain a license to sell lands of his intestate to make assets to pay debts of the latter. The heirs at law of the intestate were regularly made parties defendant. The petition alleged, particularly, that the personal assets were insufficient to pay the debts of the intestate. The Court made an order directing a sale of the land, for cash, by the…
1Opinion of the CourtMeerimon, C. J.
after stating the case: The special proceeding in this case is in the Superior Court, and the Clerk thereof, in making the orders complained of, was acting as, and for, that Court, and not exercising his own jurisdictional functions, as he might do in matters of probate and other matters as to which he has special jurisdiction conferred by the statute (The Code, §§ 102-116). Neither the Clerk, acting for tlie Court in vacation, nor the Court — Judge in term-time— had authority in the special proceeding to remove the administrator. Separate appropriate application for such removal should have…
2Cases cited11 opinions
- Williamson v. . HartmanSupreme Court of North Carolina · 1885
- Fowler v. . PoorSupreme Court of North Carolina · 1885
- Syme v. . TriceSupreme Court of North Carolina · 1887
- Edwards v. CobbSupreme Court of North Carolina · 1886
- Peterson v. . VannSupreme Court of North Carolina · 1880
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Veazey v. City of DurhamSupreme Court of North Carolina · 1950
- Carter v. . RountreeSupreme Court of North Carolina · 1891
- Hall v. . ArtisSupreme Court of North Carolina · 1923
- Tuttle v. TuttleSupreme Court of North Carolina · 1907
- Bunker v. Bunker.Supreme Court of North Carolina · 1905
14 more not listed; retrieve them via the Exa API.