Asa Biggs v. . S. J. Williams
Supreme Court of North Carolina
This was an action of debt commenced under the old system by one Sherrod as the survivor of himself and one Cotton joint. .guardians of two wards and on the death of Sherrod was revived in the name of the present plaintiff, as his executor, and was tried at the Spring Term, 1871, of Martin Superior Court, 'before His Honor Judge Moore and a jury.
Read the full summary
This was an action of debt commenced under the old system by one Sherrod as the survivor of himself and one Cotton joint. .guardians of two wards and on the death of Sherrod was revived in the name of the present plaintiff, as his executor, and was tried at the Spring Term, 1871, of Martin Superior Court, 'before His Honor Judge Moore and a jury. The facts 'are so fully and clearly stated in the opinion of the Court, that the reporter deems it a work of supererogation tojattempt a recital of them. There was a verdict and judgment for the plaintiff and the defendant appealed.
1Opinion of the CourtRodMAN, J.
This was an action brought by John J. Sher-rod, guardian, &c,, against Samuel Williams, William II. Gil-likin and Winston, executor of Joseph Williams upon a bond for $86, made by Samuel Williams, Gillikin, and Joseph Williams and others payable tp the plaintiff, and to one Cotton as guardian of Susan Y. Clark and William S. Clark. Cotton une of the payees died between the making of the note and the commencement of the action. After the issuing of the writ the plaintiff Sherrod died, and at Spring Term, 1869, his death was suggested, and Asa Biggs, his executor (the present plaintiff), was…
2Cited by2 opinions
- First National Bank of Durham v. ThomasSupreme Court of North Carolina · 1933
- Alexander v. . WristonSupreme Court of North Carolina · 1879