Green v. . Burgess
Supreme Court of North Carolina
Civil actioN, tried before his Honor, Timberlahe, J., at Eall Term, 1895, of ClevelaND Superior Court, on appeal from the judgment of a Justice of the Peace. TJpon ah intimation by his Honor that, upon all the evidence, the plaintiff could not recover, the latter submitted to a non-suit and appealed. The facts are stated in the opinion of Associate Justice Avert.
1Opinion of the Court
MONTGOMERY, J.:
The plaintiff, who was guardian of the defendant, then a lunatic, instituted a suit as such guardian to recover the possession of certain property belonging to his ward, becoming surety as an individual on the bond for the prosecution of the suit. He failed in the action, judgment for the cost was rendered against him, and the amount collected out of his personal estate by the Sheriff under execution. If this action was instituted by the guardian in good faith and in the exercise of a sound discretion, of course the guardian is entitled to have the costs so paid by him repaid…
2Cases cited1 opinion
- McNeill v. . HodgesSupreme Court of North Carolina · 1880
3Cited by2 opinions
- Craft v. Albemarle Timber Co.Supreme Court of North Carolina · 1903
- Craft v. . Timber Co.Supreme Court of North Carolina · 1903