State ex rel. Dean v. Ragsdale
Supreme Court of North Carolina
Civil ActioN tried at Spring Term, 1878, of Poesyth Superior Court, before Buxton, J This action is against the sureties to the bonds given by one Henry J. Pegram, guardian to the feme relator, to recover her estate in his hands.
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Civil ActioN tried at Spring Term, 1878, of Poesyth Superior Court, before Buxton, J This action is against the sureties to the bonds given by one Henry J. Pegram, guardian to the feme relator, to recover her estate in his hands. He died in 1864, and she attained her majority in the early part of the year 1874. The defence set up in the answer was a full settlement and compromise of the matters in controversy in a former suit on the same bonds and against the same sureties, and the adjudication therein. The only issue submitted to the jury was in these words: Did the female relator and the…
1Opinion of the CourtSjiith, C. J.
(After stating the case.) We are unable to see how with these facts testified to, the judge could instruct the jury that there was no evidence upon which they were warranted in finding the affirmative of the issue. If believed by them, a full and final settlement had been made, and obtained judicial sanction in the final judgment disposing of the pending action. Nor is any fact developed in the testimony tending to impugn the fairness and correctness of the adjustment itself. It occurred more than a year after the relator arrived at full age — in the presence of her mother — on the advice of…
2Cases cited1 opinion
- Smith v. BarringerSupreme Court of North Carolina · 1876