Wilcox's Executors v. M'Lain's Executors
Superior Court of North Carolina
VN 15'Sj, an order had been made, that the coaipiainanto giv® »• security for costs, or shew cause at the next term. — -And no cause having been shewn, nor the security given, it was aovtr moved that the cause be dismissed, because at the next term after this order, a scirefacias had been granted to the plaintiffs, for the defendants to shew cause why this suit should not be. carried on by the executors of Wilcox ; and no return was taken of this rule ; whence it was to be…
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VN 15'Sj, an order had been made, that the coaipiainanto giv® »• security for costs, or shew cause at the next term. — -And no cause having been shewn, nor the security given, it was aovtr moved that the cause be dismissed, because at the next term after this order, a scirefacias had been granted to the plaintiffs, for the defendants to shew cause why this suit should not be. carried on by the executors of Wilcox ; and no return was taken of this rule ; whence it was to be infen ed, that the cause had been shewn by them and allowed of.
1Opinion
A petition is the proper course, and it has been the practice in some instances to proceed by petition. I remember a case occurred at FAYETTEVILLE some time ago where an eminent counsel was concerned, who advised that course, and it was pursued.
Motion refused.
NOTE. — See, upon the second point, Wilcox v. Wilkerson, post, 221, S. c., 5 N.C. 11; Ricks v. Williams, 16 N.C. 3.
Cited: Edney v. Edney, 81 N.C. 3.
2Cases cited3 opinions
- Edney v. . EdneySupreme Court of North Carolina · 1879
- Ricks v. WilliamsSupreme Court of North Carolina · 1826
- Wilcox's Adm'r v. Wilkinson's Ex'rSupreme Court of North Carolina · 1804