State ex rel. Harrell v. Hare
Supreme Court of North Carolina
Oivid actioN, on a guardian bond, tried at the Spring Term, 1873, of IIkRTfobd Superior Court, before bis Honor, Judge Albertson. The plaintiff declared on a guardian bond for the sum of $3,000, executed by one James Clark, as guardian of plaintiff in 1850, with J. B. Hare and- W. M. Montgomery as sureties. The action ivas brought against W. S. Stephenson, as administrator of James Clark, deceased, John W. Harrell, administrator of W. II. Montgomery, and J. B. Hare.
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Oivid actioN, on a guardian bond, tried at the Spring Term, 1873, of IIkRTfobd Superior Court, before bis Honor, Judge Albertson. The plaintiff declared on a guardian bond for the sum of $3,000, executed by one James Clark, as guardian of plaintiff in 1850, with J. B. Hare and- W. M. Montgomery as sureties. The action ivas brought against W. S. Stephenson, as administrator of James Clark, deceased, John W. Harrell, administrator of W. II. Montgomery, and J. B. Hare. When the case was called, the plaintiff entered a nol. pros. as to Stephenson and Harrell, and announced himself as ready as to…
1Opinion of the CourtRodmaN, J.
The only point that is or that could fairly be insisted on in this Court by the defendant, is as to the admissibility in evidence of the certified copies of extracts from the records of Hertford County Court, as tending to establish that a guardian bond had been given. There was evidence which satisfied the Judge that the court house of Hertford county, with many of the papers in it, had been burned, or otherwise destroyed in 1862; that search had been made among the papers of a deceased person who was Clerk at the time of the burning, and who was in the habit of keeping some of his official…
2Cited by2 opinions
- Hare v. . HollomonSupreme Court of North Carolina · 1886
- Nelson v. . WhitfieldSupreme Court of North Carolina · 1880