G. M. Gibbs, Ex'r v. . Thomas C. Fuller
Supreme Court of North Carolina
This was an action brought upon a former decree of the Court of Equity, of Cumberland county, tried before Russell, Judge, at Fall Term 1871, of Sampson Superior Court. The facts necessary to an understanding of the ease are fully stated in the opinion declared by the Court. (jnder instructions from His Honor, a verdiet was rendered for the defendants. Jndgment and appeal by plaintiff.
1Opinion of the CourtReade, J.
Suit was commenced in tbe name of Robert W. Gibbs, guardian v. Thomas I. Curtis and others, and in 1860 continued from term to term, until Fall Term 1861, when the death of the plaintiff was suggested, and George M. Gibbs, his executor, made party plaintiff.
Prior to this time, the case was sometimes stated upon the trial docket, Robert W. Gibbs, guardian v. Thomas I. Curtis and others ; and sometimes Robert W. Gibbs v. &c. and at another time, Robert W. Gibbs adm’r, v. &c. But still it was all one and the same case.
After George M. Gibbs, executor, was made a party, the case was still at…
2Cited by5 opinions
- Watkins v. Kaolin Manufacturing Co.Supreme Court of North Carolina · 1902
- Patterson v. . WaltonSupreme Court of North Carolina · 1896
- Newby v. . EdwardsSupreme Court of North Carolina · 1910
- Clawson v. . WolfeSupreme Court of North Carolina · 1877
- Cooney v. SweitzerAppellate Court of Illinois · 1917