Morefield v. . Harris
Supreme Court of North Carolina
Civil ActioN, with attachment proceedings, heard on appeal from Justice’s Court before Allen, J., at Spring Term, 1899, of the Superior Court of Stokes County. T. M. Eoddrill, administrator of J. C. Eoddrill, in Georgia, obtained a judgment in Georgia against the defendant, W. E. Harris, resident there.
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Civil ActioN, with attachment proceedings, heard on appeal from Justice’s Court before Allen, J., at Spring Term, 1899, of the Superior Court of Stokes County. T. M. Eoddrill, administrator of J. C. Eoddrill, in Georgia, obtained a judgment in Georgia against the defendant, W. E. Harris, resident there. A transcript of said judgment was forwarded to Wesley Morefield, with directions to take out auxiliary letters of administration in Stokes County, N. C., and issue summons and attachment against the defendant, which was done, and attachment levied on land there belonging to-defendant. The…
1Opinion of the Court
ClaR,K, J.
The administrator in Georgia who obtained a judgment against the defendant, also resident in that State, seeks to subject realty of the defendant lying in this State. The administrator appointed in Georgia can not sue in this State (Butts v. Price, 1 N. C., 201; Anon., 2 N. C., 355; Leake v. Gilchrist, 13 N. C., 81; Smith v. Munroe, 23 N. C., 345; Sanders v. Jones, 43 N. C., 246; Stamps v. Moore, 47 N. C., 80; Grant v. Reese, 94 N. C., 720), but ancillary administration must be taken out here. 13 Am. and Enc., (2nd Ed.), 921. The intestate had no property in this State, but when a…
2Cases cited13 opinions
- Green v. RugelyTexas Supreme Court · 1859
- Matter of Accounting of HughesNew York Court of Appeals · 1884
- Pinney v. McGregoryMassachusetts Supreme Judicial Court · 1869
- Abrams v. . CuretonSupreme Court of North Carolina · 1876
- Grant v. . ReeseSupreme Court of North Carolina · 1886
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3Cited by11 opinions
- Booker v. EverhartSupreme Court of North Carolina · 1978
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- R. G. Chapman & Co. v. McLawhornSupreme Court of North Carolina · 1909
- Martin v. . Mask.Supreme Court of North Carolina · 1912
- Monfils v. . HazlewoodSupreme Court of North Carolina · 1940
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