Legal Opinion
McIntyre v. Josey
Supreme Court of North Carolina
Decided December 16, 1953No. 602PublishedCited by 8 opinions
1Opinion of the CourtErvin, J.
The appeal presents this question for decision: Can the collector of the estate of a deceased tort-feasor be sued in his representative capacity for an injury to personal property caused by the wrongful act of the tort-feasor ?
The answer to this question is to be found in Gr.S. 28-172 rather than in the statutes invoked by the defendant.
Gr.S. 28-172 was originally enacted as Section 63 of Chapter 113 of the Public Laws of 1868-69. It is couched in these words: “Upon the death of any person, all demands whatsoever, and rights to prosecute or defend any action or special proceeding, existing in…
2Cases cited6 opinions
- Suskin v. Maryland Trust Co.Supreme Court of North Carolina · 1938
- Browne v. . BlickSupreme Court of North Carolina · 1819
- Butner v. . KeelhnSupreme Court of North Carolina · 1858
- Howcott's Ex'rs v. WarrenSupreme Court of North Carolina · 1846
- Molton v. . MillerSupreme Court of North Carolina · 1825
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Luna Dale Roscoe v. Joseph A. RoscoeCourt of Appeals for the D.C. Circuit · 1967
- In Re the Estate of MilesSupreme Court of North Carolina · 1964
- Alston v. Britthaven, Inc.Court of Appeals of North Carolina · 2006
- Brace v. StrotherCourt of Appeals of North Carolina · 1988
- Carnahan ex rel. Carnahan v. ReedCourt of Appeals of North Carolina · 1981
3 more not listed; retrieve them via the Exa API.