Cox v. . Cox
Supreme Court of North Carolina
Civil Action on a guardian bond tried at Spring Term, 1880, of Randolph Superior Court, before Seymour, J. The action was brought upon the guardian bond of Thomas Cox, the testator of the defendant. William Cox, late of Randolph county, died in the year 1856, testate. His will in which his son Thomas Cox was appointed executor was admitted to probate at the August term, 1S56, of the court of pleas and quarter sessions for Randolph county.
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Civil Action on a guardian bond tried at Spring Term, 1880, of Randolph Superior Court, before Seymour, J. The action was brought upon the guardian bond of Thomas Cox, the testator of the defendant. William Cox, late of Randolph county, died in the year 1856, testate. His will in which his son Thomas Cox was appointed executor was admitted to probate at the August term, 1S56, of the court of pleas and quarter sessions for Randolph county. The testator bequeathed in his will ten dollars to each of his grand-children,being seven in number, to-wit: Newton Cox, .Sarah E. Cox, Eliza Cox and Nancy…
1Opinion of the CourtAshe, J.
The first exception taken by the defendant’s counsel is to the ruling of His Honor in regard to postponing a (reference for an account until the issue made by the pleadings .upon the.statute of limitations was tried. When a case involves both ah account and the trial of an issue by a jury,, they cannot be investigated at the same time — the one must-precede the other — and it would be needless to increase the-expense and trouble of a reference when the ease might-result adversely to the plaintiff upon the finding of the jury. But when the issue is first tried, if the verdict should be for the…
2Cases cited2 opinions
- A., T. O. R. R. Co. v. . MorrisonSupreme Court of North Carolina · 1880
- Barham and Wife v. . Lomax, GuardianSupreme Court of North Carolina · 1875
3Cited by11 opinions
- Bank of Tarboro v. Fidelity & Deposit Co.Supreme Court of North Carolina · 1900
- Solon Lodge No. 9 Knights of Pythias Co. v. Ionic Lodge Free Ancient & Accepted Masons No. 72 Co.Supreme Court of North Carolina · 1957
- Woody v. . BrooksSupreme Court of North Carolina · 1889
- Syme v. . BadgerSupreme Court of North Carolina · 1887
- Redmond v. . PippenSupreme Court of North Carolina · 1893
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