McNeill v. . McBryde
Supreme Court of North Carolina
Civil ACTION, heard, on demurrer, before Winston, J, at October Term, 1892, of Robeson Superior Court. The defendants appealed from judgment of the Court overruling the demurrer. The title of the cause was as follows: “T. A. McNeill and wife, Caroline E. McNeill, in behalf of themselves and all other creditors of the estate of A. S. McICoy, deceased, and State ex rel.
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Civil ACTION, heard, on demurrer, before Winston, J, at October Term, 1892, of Robeson Superior Court. The defendants appealed from judgment of the Court overruling the demurrer. The title of the cause was as follows: “T. A. McNeill and wife, Caroline E. McNeill, in behalf of themselves and all other creditors of the estate of A. S. McICoy, deceased, and State ex rel. T. A. McNeill and wife, Caroline E. McNeill, v. J. I). Currie, administrator cl. b. n. of A. S. McKoy, deceased, I). D. McBrycle (and others, heirs at law of A. S. McKoy, deceased”). The complaint alleged in substance: That at…
1Opinion of the Court
Shepherd, C. J.:
The objection that the plaintiff Caroline McNeill cannot subject the land of the intestate until a judgment lias been obtained upon the guardian bond executed by him as surety would seem to be sustained by the case of Williams v. McNair, 98 N. C., 332. But as the amount of damages arising from a breach of the bond is alleged in the complaint and admitted by the demurrer, the present case does not come within the reason of that decision, and the point is therefore untenable.
The amount of damages, then, being admitted, the plain-itff can maintain the present proceeding in her…
2Cases cited2 opinions
- Shields v. . McDowellSupreme Court of North Carolina · 1880
- Williams v. . McNairSupreme Court of North Carolina · 1887
3Cited by6 opinions
- Neighbors v. . EvansSupreme Court of North Carolina · 1936
- Barkley v. . ThomasSupreme Court of North Carolina · 1941
- Watson v. . PetersonSupreme Court of North Carolina · 1939
- Graham v. FloydSupreme Court of North Carolina · 1938
- Morgan v. . MorganSupreme Court of North Carolina · 1939
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