Spencer v. . Credle
Supreme Court of North Carolina
Civil actioN, tried before Graves, J, at Fall Term, 1887, of Hyde Superior Court. This action is brought by Mary L. Spencer and her five children — Emma E Worthy (wife of J. A. Worthy), E. A. Spencer, H. J. Spencer, A. L. Spencer and F. J. Spencer— against George Credle, as administrator of Samuel R. Sadler, former Clerk of the Superior Court of Hyde County, and the other defendants as sureties upon his official bonds for the years 1868, 1869,1870, 1871, 1872 and 1873. The…
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Civil actioN, tried before Graves, J, at Fall Term, 1887, of Hyde Superior Court. This action is brought by Mary L. Spencer and her five children — Emma E Worthy (wife of J. A. Worthy), E. A. Spencer, H. J. Spencer, A. L. Spencer and F. J. Spencer— against George Credle, as administrator of Samuel R. Sadler, former Clerk of the Superior Court of Hyde County, and the other defendants as sureties upon his official bonds for the years 1868, 1869,1870, 1871, 1872 and 1873. The plaintiffs allege that in a proceeding wherein Lancaster et al. were plaintiffs and the said Mary L. Spencer et al. were…
1Opinion of the CourtAvery, J.
(after stating the case). We concur with his Honor in the opinion that the plaintiffs were not entitled to recover, in any view of the testimony offered and the facts admitted, and the timely intimation given by him was calculated to expedite the transaction of business, without peril to the rights of the parties. The plaintiffs contend in this •Court:
1. That the decree in the special proceeding was void and must be treated as a nullity for the reason that article 4, section 17, of the Constitution of North Carolina, then required that “all issues of facts joined before them” (referring to…
2Cases cited12 opinions
- Todd, Schenck & Co. v. OutlawSupreme Court of North Carolina · 1878
- Rollins v. . HenrySupreme Court of North Carolina · 1878
- Governor Ex. Rel. Trustees of University of N. C. v. LassiterSupreme Court of North Carolina · 1880
- Keener v. . GoodsonSupreme Court of North Carolina · 1883
- Sumner v. . SessomsSupreme Court of North Carolina · 1886
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Keystone Driller Co. v. WorthSupreme Court of North Carolina · 1895
- Collingwood v. . BrownSupreme Court of North Carolina · 1890
- Chowan & Southern Railroad v. ParkerSupreme Court of North Carolina · 1890
- Whitehurst v. AbbottSupreme Court of North Carolina · 1945
- Wrought Iron Range Co. v. CarverSupreme Court of North Carolina · 1896
14 more not listed; retrieve them via the Exa API.