Legal Opinion

Simpson v. . Jones

Supreme Court of North Carolina

Decided January 5, 1880PublishedCited by 11 opinions

.Application for the Removal of an Administrator heard on appeal at Spring Term, 1879, of New HaNOVer Superior Court, before Seymour, J. Upon the facts set out in the opinion of this court, His Honor ordered the case to be remanded to the probate court to the end that the defendant administrator be removed and a suitable person be appointed in his stead, and from this judgment the defendant appealed.

1Opinion of the CourtSmith, C. J.

The action commenced before the probate judge has for its object the removal of the defendant from his office as administrator of John Jones, deceased, for causes assigned'in the complaint. To a part of the defendant’s answer the plaintiffs demur, and from the judgment dismissing the proceeding, appeal to the superior court.

Upon the trial of the cause in that court, trial by jury being waived, the court finds the following facts : There is an action pending in the superior court of Pender, at the instance of Bruce Williams,''administrator, debonis non, and others against the defendant, as…

2Cases cited6 opinions

  1. North Carolina R. R. v. WilsonSupreme Court of North Carolina · 1879
  2. Barnes v. . BrownSupreme Court of North Carolina · 1878
  3. Taylor v. . BiddleSupreme Court of North Carolina · 1874
  4. In the Matter of Brinson, Public Adm'rSupreme Court of North Carolina · 1875
  5. Hunt v. . SneedSupreme Court of North Carolina · 1870

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3Cited by11 opinions

  1. Clark v. . HomesSupreme Court of North Carolina · 1925
  2. Clark v. Carolina Homes, Inc.Supreme Court of North Carolina · 1925
  3. In Re Administration on the Estate of BattleSupreme Court of North Carolina · 1912
  4. Spivey v. GodfreySupreme Court of North Carolina · 1963
  5. In Re the Will of CovingtonSupreme Court of North Carolina · 1960

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