Legal Opinion

Miller v. . Shoaf

Supreme Court of North Carolina

Decided February 5, 1892PublishedCited by 4 opinions

This was a special PROCEEDING in the nature of a creditor’s bill, heard before Mclver, J., at February Term, 1892, of Rowan Superior Court, upon an appeal from the Clerk upon a question of law, whether the plaintiff’s cause of action was barred by the statute of limitations. Iiis Honor affirmed and approved the judgment and decision of the Clerk, from which the defendants appealed. The facts appear in the complaint and answer, and are admitted to be true.

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This was a special PROCEEDING in the nature of a creditor’s bill, heard before Mclver, J., at February Term, 1892, of Rowan Superior Court, upon an appeal from the Clerk upon a question of law, whether the plaintiff’s cause of action was barred by the statute of limitations. Iiis Honor affirmed and approved the judgment and decision of the Clerk, from which the defendants appealed. The facts appear in the complaint and answer, and are admitted to be true. The plaintiff alleged, in substance: That Daniel IToffman died intestate in 1874, and the defendants John Eagle and R. A. Shoaf were duly…

1Opinion of the Court

Shepherd, J.:

The plaintiff, John C. Miller, and Daniel Hoffman, deceased, were sureties on the administration bond of one Eli Propst, and in May, 1891, a judgment was obtained against the plaintiff and the personal representatives of said Hoffman. Execution having issued, the plaintiff was compelled to pay the whole of the said judgment, and this action is brought against the administrators and heirs at law of IToffman, the said co-surety, for contribution.

It thus appears that the plaintiff’s cause of action accrued in 1891 (The Code, § 2094, Leak v. Covington, 99 N. C., 559), but it is…

2Cases cited4 opinions

  1. Leak v. . CovingtonSupreme Court of North Carolina · 1888
  2. Syme v. . BadgerSupreme Court of North Carolina · 1887
  3. Andres v. PowellSupreme Court of North Carolina · 1887
  4. Lilly v. . WooleySupreme Court of North Carolina · 1886

3Cited by4 opinions

  1. Lee v. . McKoySupreme Court of North Carolina · 1896
  2. Rankin v. City of Big RapidsCourt of Appeals for the Sixth Circuit · 1904
  3. Raftery v. Wm. C. Vick Construction Co.Supreme Court of North Carolina · 1976
  4. Raftery v. Wm. C. Vick Construction Co.Supreme Court of North Carolina · 1976

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