Smith v. . Rogers
Supreme Court of North Carolina
This was an action of debt by the plaintiff as executor .against the defendant, J. M. S. Bogers, as administrator of G. B. Beese, submitted to his Honor, Judge Pool, at the Eall Term, 1870, of Hertford Superior Court, upon the following case, agreed: “ The intestate, George B. Beese, died in Northampton County, on or abount the 18th of June, 1854. The defendant, Bogers, sued out letters of administration on the 4th of September, 1854, and immediately thereafter advertised…
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This was an action of debt by the plaintiff as executor .against the defendant, J. M. S. Bogers, as administrator of G. B. Beese, submitted to his Honor, Judge Pool, at the Eall Term, 1870, of Hertford Superior Court, upon the following case, agreed: “ The intestate, George B. Beese, died in Northampton County, on or abount the 18th of June, 1854. The defendant, Bogers, sued out letters of administration on the 4th of September, 1854, and immediately thereafter advertised according to law for creditors to present their claims. Said Bogers had no notice of the execution of the bond sued on…
1Opinion of the CourtReade, J.
The bar of the statute of Limitations, seven-years, was not complete up to 11th of May, 1861, lacking about one month. And there were a series of statutes in-force from that time up to January, 1870, suspending the statute of Limitations. If this were so then the statute does not bar in this case. Johnson v. Winslow, 63 N. C. R. 552. It was, however, supposed by the defendant’s counsel, that the Act of the 10th of March, 1866, repealed the former statutes, and that the statute began to run and continued for three months up to the ordinance of 23rd of June, 1866, and that time completed the…
2Cases cited1 opinion
- Johnson v. . WinslowSupreme Court of North Carolina · 1869
3Cited by1 opinion
- State Ex Rel. Taylor v. GalbraithSupreme Court of North Carolina · 1871