Stainback v. . Harris
Supreme Court of North Carolina
Special progeediN&, begun before the Clerk of the Superior Court of VANCE County, for license to sell lands for assets. ’ The petition, after setting out the death of the intestate James L. Kittrell, and the names of the heirs at law who were made parties defendant, alleged— “ 8. That the amount of the debts still outstanding against said estate, in so far as they have been brought to plaintiff’s notice, is a judgment in favor of James H. Lassiter & Son against plaintiff as…
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Special progeediN&, begun before the Clerk of the Superior Court of VANCE County, for license to sell lands for assets. ’ The petition, after setting out the death of the intestate James L. Kittrell, and the names of the heirs at law who were made parties defendant, alleged— “ 8. That the amount of the debts still outstanding against said estate, in so far as they have been brought to plaintiff’s notice, is a judgment in favor of James H. Lassiter & Son against plaintiff as such administrator, for $409.77, with eight per cent, interest on $231.83 from October 5, 1891, and $5.70 costs, and the…
1Opinion of the Court
Shepherd, C. J.:
We do not think that under the particular circumstances of this case the counsel was precluded from insisting that the issues raised upon the pleadings should be submitted to the jury. The questions to be determined, therefore, are whether the issues certified by the Clerk were material.
1. As to the first issue, we agree with his Honor that it should not have been submitted. There is not the slightest suggestion that the debt upon which the judgment was taken against the administrator was not due by his intestate, and the mere fact that the administrator made no defence to…
2Cases cited1 opinion
- Egerton v. . JonesSupreme Court of North Carolina · 1890