Purvis, Guardian v. . Jackson
Supreme Court of North Carolina
Civil action, tried at the Spring Term, 1873, of the Superior Court of Moore county, before his Honor, Buxton. J. Summons in this case, issued 1st August, 1871. Plaintiff, as guardian for his children, had obtained a a judgment at the October Term, 1859, of the Court of Pleas and Quarter Sessions of Moore county, against the present defendant, Jackson, as administrator of one Shields, for the sum of §318.72. Shields was the grandfather of the wards of the plaintiff, and the…
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Civil action, tried at the Spring Term, 1873, of the Superior Court of Moore county, before his Honor, Buxton. J. Summons in this case, issued 1st August, 1871. Plaintiff, as guardian for his children, had obtained a a judgment at the October Term, 1859, of the Court of Pleas and Quarter Sessions of Moore county, against the present defendant, Jackson, as administrator of one Shields, for the sum of §318.72. Shields was the grandfather of the wards of the plaintiff, and the judgment recovered was for the amount of their distributive shares in their grandfather’s, estate. The present action…
1Opinion of the CourtRodman, J.
At October Term, 1859, of the County Court of Moore, plaintiff as guardian, recovered judgment against the present defendant for $318.72. This is an action to recover on that judgment.
The defendant answers that in February, 1863, he paid the full amount of the judgment to the clerk of the Court in which it was recovered, and thereby satisfied the same.
On the trial it appeared that the original judgment was -obtained against the defendant as the administrator of Shields, for a su-m owing to the wards of the plaintiff as distributees of the intestate, Shields; no execution had ever issued on…
2Cases cited4 opinions
- Ward v. SmithSupreme Court of the United States · 1869
- Greenlee v. . SudderthSupreme Court of North Carolina · 1871
- Baird v. . HallSupreme Court of North Carolina · 1872
- Utley v. YoungSupreme Court of North Carolina · 1873
3Cited by5 opinions
- Bynum v. . BarefootSupreme Court of North Carolina · 1876
- Furr v. . BrowerSupreme Court of North Carolina · 1878
- Governor Ex Rel. Pratt v. CarterSupreme Court of North Carolina · 1824
- Kitchen v. WoodfinU.S. Circuit Court for the District of Western North Carolina · 1821
- Utley v. . YoungSupreme Court of North Carolina · 1873