State Ex Rel. Harris v. Harris
Supreme Court of North Carolina
Civil, actioN on a guardian boud, tried before Logan, J., at the Fall Term, 1873, of Cabareus Superior Court. The defendants pleaded the statute of limitations, and the facts necessary to an understanding of the points decided are fully stated in the opinion of the Court. On the trial below, the jury returned a verdict for the plaintiff, and his Honor being of opinion that the statute did not bar, gave judgment accordingly. Defendants appealed.
1Opinion of the CourtBynum, J.
Among" other defences to the action, the sureties on the guardian bond plead the statute of limitations in bar of the action against them. The cause of action in this case having accrued prior to C. C. P., the pre-existing statute applies, and is in the following words, viz: “Any orphan or ward, coming to full age and not calling on his guardian within three years thereafter, for a full settlement of his guardianship shall be forever barred, as to the snreties on the bond of the guardian from all recovery thereon.” Rev. Code, ch. 65, sec. 4.
It is contended by the plaintiff, 1st, that this…
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