Legal Opinion

Henry J. Heryey & Co. v. Edmunds

Supreme Court of North Carolina

Decided January 5, 1873PublishedCited by 43 opinions

Motion to vacate and set aside a judgment obtained in tbe cause at May Term, 1869, heard and determined by Cloud, J., at tbe January (Special) Term, 1873, of the Superior Court of Halifax county. The facts are stated in tbe opinion of tbe Court. His Honor allowed tbe motion and set aside tbe judgment. From this judgment, the plaintiffs appealed.

1Opinion of the CourtRodman, J.

Tbe plaintiffs issued a summons against tbe two defendants, as administrators of A. T. Edmunds, returnable to May Term, 1869, of Halifax Superior Court, which was executed on one of tbe administrators only. At that term the plaintiffs filed a complaint, demanding payment of a certain debt alleged to be owing to them from tbe intestate.

On tbe records of that Court appears an entry, that defendants appeared and answered, admitted the bonds declared on, and said they bad fully administered with the exception of $350. The plaintiffs admitted this plea, took a judgment ascertaining the amount of…

Also in this document: Per curiam.

2Cases cited1 opinion

  1. McAdoo v. . BenbowSupreme Court of North Carolina · 1869

3Cited by43 opinions

  1. Reynolds v. Lloyd Cotton MillsSupreme Court of North Carolina · 1919
  2. Clark v. . HomesSupreme Court of North Carolina · 1925
  3. Bynum v. . PoweSupreme Court of North Carolina · 1887
  4. Clark v. Carolina Homes, Inc.Supreme Court of North Carolina · 1925
  5. Edmundson v. EdmundsonSupreme Court of North Carolina · 1942

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