State Ex Rel. Collins v. Smith
Supreme Court of North Carolina
Civil ACTION, tried at July Special Term, 1891, of Stokes Superior Court, before Graves, J. The plaintiffs are the distributees of William Smith, deceased, and the defendant C. C. Smith is his administrator, and this action is brought against him and the defendant Martin, surety on his administration bond, for an account and settlement of the estate of the deceased.
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Civil ACTION, tried at July Special Term, 1891, of Stokes Superior Court, before Graves, J. The plaintiffs are the distributees of William Smith, deceased, and the defendant C. C. Smith is his administrator, and this action is brought against him and the defendant Martin, surety on his administration bond, for an account and settlement of the estate of the deceased. The defendants in their answer allege that action and proceedings had in the Superior Court before the Judge thereof, and the proceedings had before the Probate Court (set out in the further statement of fads in the opinion),…
1Opinion of the Court
Davis, J.:
The defendant Smith qualified as administrator of William Smith in 1863, and gave'bond as such with the defendant Martin as surety, and in 1868 the plaintiffs instituted an action upon said administration bond for an account and settlement of the estate, at the same-time applying for a restraining order. At Spring Term, 1869, it was “ referred to the Clerk of the Court to take an account of the defendant’s administration, and make settlement of the same, and report to the next term of the Court.” Nothing appears in the record to show that any report was made by the Clerk, as…
2Cases cited2 opinions
- Rowland v. . ThompsonSupreme Court of North Carolina · 1870
- Allen v. . RoysterSupreme Court of North Carolina · 1890
3Cited by3 opinions
- State Ex Rel. Marler-Dalton-Gilmer Co. v. GoldenSupreme Court of North Carolina · 1916
- Donnelly v. . WilcoxSupreme Court of North Carolina · 1893
- Rich v. . MoriseySupreme Court of North Carolina · 1908