Grant v. . Hughes
Supreme Court of North Carolina
Civil action, tried before Graves, Judge, at Spring Term, 1885, of the Superior Court of Northampton county. It appears that in the month of July, 1861, John M. Calvert, of the county of’ Northampton, died intestate in that county, and on the first day of September of that year, Samuel Calvert was duly appointed anti qualified as administrator of his estate, and took possession thereof.
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Civil action, tried before Graves, Judge, at Spring Term, 1885, of the Superior Court of Northampton county. It appears that in the month of July, 1861, John M. Calvert, of the county of’ Northampton, died intestate in that county, and on the first day of September of that year, Samuel Calvert was duly appointed anti qualified as administrator of his estate, and took possession thereof. Afterwards, Samuel Calvert, of the same county, died therein, in the year, 1881, as was at first supposed, intestate, and the defendant W. H. Hughes, was appointed administrator of his estate. Afterwards,…
1Opinion of the CourtMerjrimoN, J.
(after stating the facts). It must be assumed that the parties agreed that the Court should take the papers, and upon the pleadings, admissions and inspection of the “account” relied upon by the defendant as a bar to the action, give such judgment as the law allowed. It would savor of trifling with the Court, to agree that it should simply decide that the plaintiff was or was not entitled to the judgment demanded in the complaint, and then stop without giving an appropriate judgment.
The obvious effect of the agreement as it appears in the record was, that the Court should accept and act upon…
2Cases cited4 opinions
- Hodges v. . CouncilSupreme Court of North Carolina · 1882
- Heilig v. . FoardSupreme Court of North Carolina · 1870
- Temple v. . WilliamsSupreme Court of North Carolina · 1884
- University of N. C. v. HughesSupreme Court of North Carolina · 1884
3Cited by17 opinions
- Jones v. Wooten.Supreme Court of North Carolina · 1905
- Woody v. . BrooksSupreme Court of North Carolina · 1889
- Miller v. . MillerSupreme Court of North Carolina · 1931
- Edwards v. Lemmond.Supreme Court of North Carolina · 1904
- Allen v. . RoysterSupreme Court of North Carolina · 1890
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