Shields v. . Payne
Supreme Court of North Carolina
Civil Actiok tried at Fall Terra, 1878, of Guilford Superior Court, before Kerr, J- This action was brought to recover the sum of $450 al--. leged to be due on a special contract entered into between the plaintiff and defendant’s intestate.
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Civil Actiok tried at Fall Terra, 1878, of Guilford Superior Court, before Kerr, J- This action was brought to recover the sum of $450 al--. leged to be due on a special contract entered into between the plaintiff and defendant’s intestate. The parties agreed” to submit a single issue to the jury in these words; “Does the defendant, as administrator, owe the plaintiff $450 on special contract for two ponies, a buggy, and two sets of harness?” The evidence given on the trial of the issue was in substaneé as follows; The intestate of defendant was indebted to the plaintiff for a lot bought of…
1Opinion of the Court
Smith, C. J,-
(After stating the case.) In our opinion, both rulings were 'Correct The questions will be examined in order:
1. The superior court has jurisdiction of the cause by the -express words of .the .statute. Bat Rev., ch. 45, § 133. This .section enacts that “ .an action may he brought by a creditor against an executor, .administrator or collector on a demand at any time after it is due. But no execution shall issue against the executor, administrator or collector, on a judgment therein against him without leave of the court, after notice,” &c. If- the provision is, by construction, to…
2Cases cited2 opinions
- Heilig v. . FoardSupreme Court of North Carolina · 1870
- Ballard v. . KilpatrickSupreme Court of North Carolina · 1874