Flack. Adm'r v. . Dawson .
Supreme Court of North Carolina
This was an action on an administration bond, and when it came on to be tried before his Honor, Russell, J., at the January Term, 1873, of New Hanover Superior Court, he made an order for a compulsory reference of the whole case to a referee, and the defendants appealed. The case is sufficiently stated in the opinion of the Court.
1Opinion of the CourtRodman, J.
It is necessary to state as briefly as possible the pleadings in this case.
1. The plaintiff in his complaint says O’Reily died intestate in 1862. Baxter became his administrator. Baxter died in 1862. Ryan qualified as his executor, Ryan also became administrator de bonis non of O’Reily, and on the 12th of December, 1862, gave a bond to which the defendants were sureties with the usual conditions. In 1869 Ryan died intestate, an d Murphy became his administrator. In January, 1870, administration de bonis non of O’Reily was granted to plaintiff. The action is against the defendants assuritiesto…
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