Vance v. Railroad
Supreme Court of North Carolina
AotioN by Elisha Vance, administrator of J. E. Vance, against Southern Eailway Company, heard by Judge Walter H. Neal, at the April Term, 1905, of the Superior Court of Buncombe County. Erom a judgment for the plaintiff, the defendant appealed. The defendant is a Virginia corporation but operates a line of railway both in North Carolina and Tennessee.
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AotioN by Elisha Vance, administrator of J. E. Vance, against Southern Eailway Company, heard by Judge Walter H. Neal, at the April Term, 1905, of the Superior Court of Buncombe County. Erom a judgment for the plaintiff, the defendant appealed. The defendant is a Virginia corporation but operates a line of railway both in North Carolina and Tennessee. The plaintiff's intestate was at the time of his death domiciled in the State of Tennessee, and left him surviving a wife1, Matilda Vance, resident at Knoxville, in the State of Tennessee,-and a father, Elisha Vance, resident in Buncombe County,…
1Opinion of the Court
Walker, J.,
after stating the case: The question in this case is whether the appointment of Elisha Vance as administrator of the intestate is valid. The defendant contests the validity of the letters of administration upon the ground that the clerk of the Superior .Court of Buncombe County had no jurisdiction to issue them, as it appears the intestate was not domiciled in this State at the time of his death, but in the State of Tennessee, and that in such case, under section 1314, sub-section 4 of,The Code, letters could not be issued unless the intestate not only died in the county of the…
2Cases cited4 opinions
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Hutchins v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1890
- Hartness v. Pharr.Supreme Court of North Carolina · 1903
- Lyle v. . SilerSupreme Court of North Carolina · 1889
3Cited by17 opinions
- Fann v. . R. R.Supreme Court of North Carolina · 1911
- Hall v. Southern R. R. Co.Supreme Court of North Carolina · 1908
- Broadnax v. . BroadnaxSupreme Court of North Carolina · 1912
- Demattei v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1940
- Hall v. . R. R.Supreme Court of North Carolina · 1907
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