Legal Opinion

Coppersmith v. Wilson

Supreme Court of North Carolina

Decided September 15, 1890PublishedCited by 9 opinions

This was a civil ACTION, tried at Spring Term, 1890, of PasquotaNK Superior Court, before Whitaker, J. A jury trial being waived, by consent, the facts were found by the Court. The action was brought by Elisha Coppersmith, administrator de bonis non of the estate of William Coppersmith, against the executrix (and her husband) and the surviving surety of the former administrator, and the executrix of a deceased surety and her husband.

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This was a civil ACTION, tried at Spring Term, 1890, of PasquotaNK Superior Court, before Whitaker, J. A jury trial being waived, by consent, the facts were found by the Court. The action was brought by Elisha Coppersmith, administrator de bonis non of the estate of William Coppersmith, against the executrix (and her husband) and the surviving surety of the former administrator, and the executrix of a deceased surety and her husband. The judgment demanded was for an account of the administration, and for such sum as should be ascertained to be due, the bond to be discharged upon the payment…

1Opinion of the Court

Shbpheud, J.:

The only exceptions presented by the record, relate to the claims of John T. Coppersmith as administrator of Elizabeth Delon and Fannie B. Coppersmith. The claims of the intestates were not barred at the time of their deaths, which occurred respectively in 1872 and 1866. There was no administration upon their estate until within a year of the commencement of this action, in 1886. The defendant puts his case entirely upon the construction of The Code, § 164. He argues that under this section, there is a distinction made between cases where the action survives in favor of, and…

2Cases cited3 opinions

  1. Baird v. . ReynoldsSupreme Court of North Carolina · 1888
  2. Dunlap v. . HendleySupreme Court of North Carolina · 1885
  3. Long v. . CleggSupreme Court of North Carolina · 1886

3Cited by9 opinions

  1. Humphrey v. StephensSupreme Court of North Carolina · 1926
  2. Benson v. . BennettSupreme Court of North Carolina · 1893
  3. Winslow v. Benton.Supreme Court of North Carolina · 1902
  4. Hughes v. . BooneSupreme Court of North Carolina · 1894
  5. Geitner v. . JonesSupreme Court of North Carolina · 1918

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