Clements v. . Rogers
Supreme Court of North Carolina
Civil Action, tried at March Special Term, 1884, of Wake Superior Court, before Avery, J. Tliis action was brought to recover of the defendant as executrix of Mary A. Rogers, deceased, a legacy bequeathed to the plaintiff by the will of the testatrix. The case is sufficiently stated in the opinion. The plaintiff appealed from the judgment dismissing the action.
1Opinion of the CourtAshe, J.
The defendant, when the cause was called for trial by jury, according to the calendar previously set by the court, moved to dismiss the action, because it appeared that the action was brought within two. years.from the, qualified tion of the defendant executrix, and there was no allegation in the complaint under section 1512 of The Code of North Carolina why the court should adjudge a payment of said legacy before the lapse of two years from said qualification as executrix.
The court held that some reason should have appeared, such as that there was no indebtedness of the estate of the said…
2Cases cited1 opinion
- Tucker v. . BakerSupreme Court of North Carolina · 1882
3Cited by13 opinions
- Miller v. . RobertsSupreme Court of North Carolina · 1937
- Gurganus v. McLawhornSupreme Court of North Carolina · 1937
- Carpenter, Solicitor v. . BoylesSupreme Court of North Carolina · 1938
- Gurganus v. . McLawhornSupreme Court of North Carolina · 1937
- Raleigh v. . HatcherSupreme Court of North Carolina · 1942
8 more not listed; retrieve them via the Exa API.