Calvert v. . Peebles
Supreme Court of North Carolina
Appeal from an order made at Chambers in Tarboro on the 22nd of October, 1879, by Avery, J: . On the 6th of March, 1865, the defendant was appointed guardian of Mildred Peebles and others, and the plaintiff became one of the sureties on his guardian bond, and an action was brought against the principal and sureties and judgment recovered against them upon the bond at ... term of the superior court of Northampton count}' for the sum of fifteen thousand three hundred and…
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Appeal from an order made at Chambers in Tarboro on the 22nd of October, 1879, by Avery, J: . On the 6th of March, 1865, the defendant was appointed guardian of Mildred Peebles and others, and the plaintiff became one of the sureties on his guardian bond, and an action was brought against the principal and sureties and judgment recovered against them upon the bond at ... term of the superior court of Northampton count}' for the sum of fifteen thousand three hundred and thirty-seven dollars and twenty-eight cents. Execution was issued thereon and the plaintiff was compelled to pay the sum of…
1Opinion of the Court
Ashe, J.,
after stating the case. This is certainly a case of the first impression, and it is only necessary to make a. statement of the proceeding had in the court below to show its extrajudicial character. The plaintiff brings an action to recover a sum of money which he had paid as surety for-the defendant (an action of assumpsit according to the former-practice) and obtains a judgment for the specific sum sued for, from which judgment there is an appeal to this court: where it is held there was no error in the judgment below;: and upon the receipt of the certificate of the clerk of…
2Cases cited2 opinions
- State Ex Rel. Cox v. PeeblesSupreme Court of North Carolina · 1872
- Calvert v. . PeeblesSupreme Court of North Carolina · 1879
3Cited by12 opinions
- Collins v. SimmsSupreme Court of North Carolina · 1962
- Peebles v. . GaySupreme Court of North Carolina · 1894
- State v. . FowlerSupreme Court of North Carolina · 1909
- Tussey v. . OwenSupreme Court of North Carolina · 1908
- Dobson v. . SimontonSupreme Court of North Carolina · 1888
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