State Ex Rel. Jones v. Brown
Supreme Court of North Carolina
This was an action of debt on the guardian bond of Ridley Brown as guardian of Mary F. Brown, to which the defendant Jacob F. Brown was surety. It was brought in the name of the State on the relation of Jones, who was substituted as trustee under a decree of the Court of Equity of Warren county, at Fall Term, 1863. On .the trial at Fall Term, 1871, before Waits, J., there was judgment for plaintiff, and defendant appealed.
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This was an action of debt on the guardian bond of Ridley Brown as guardian of Mary F. Brown, to which the defendant Jacob F. Brown was surety. It was brought in the name of the State on the relation of Jones, who was substituted as trustee under a decree of the Court of Equity of Warren county, at Fall Term, 1863. On .the trial at Fall Term, 1871, before Waits, J., there was judgment for plaintiff, and defendant appealed. The facts are sufficiently stated in the opinion of the Court,
1Opinion of the CourtRodman, J.
This is an action begun on 10th March, 1868, in the name of the State “ on tiie relation of Jones, trustee, to the use of L. B. Eaton, appearing by S. W. Eaton his guardian,” against Ridley Brown and Jacob F. Brown. The writ was returned to Spring Term, 1868, of the Superior Court for Warren county, executed on Jacob Brown, but not on Ridley Brown. At the same Term a nol. pros, was entered as to Ridley Brown, and judgment by default taken against Jacob Brown, with an order of inquiry as to damages, to be executed at next term. The case was transferred to the docket of the new Superior Court…
2Cited by4 opinions
- State Ex Rel. Harris v. HarrisonSupreme Court of North Carolina · 1878
- Boykin v. . BarnesSupreme Court of North Carolina · 1877
- State Ex Rel. Jones v. BrownSupreme Court of North Carolina · 1873
- McKinnon v. . McKinnonSupreme Court of North Carolina · 1879