Wood v. . Morgan
Supreme Court of North Carolina
This was a motion in a Civil ACTION, pending in the Superior Court of RuthbRfoed County, at Fall Term, 1895. As appears from the complaint filed in this cause, the-plaintiffs are the widow and one of the heirs-at-law of P. B. Morgan, deceased, and the defendant is the administrator of the said P. B. Morgan, deceased, having administered on the estate of P. B. Morgan in the County of McDowell in 1886. It further appears from the complaint in this action, that the plaintiffs…
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This was a motion in a Civil ACTION, pending in the Superior Court of RuthbRfoed County, at Fall Term, 1895. As appears from the complaint filed in this cause, the-plaintiffs are the widow and one of the heirs-at-law of P. B. Morgan, deceased, and the defendant is the administrator of the said P. B. Morgan, deceased, having administered on the estate of P. B. Morgan in the County of McDowell in 1886. It further appears from the complaint in this action, that the plaintiffs claim the sum of_ dollars to be due them from the defendant by reason of his wrongful conversion of funds coming into his…
1Opinion of the Court
Furches, J.:
The judgment, ordering the removal of 'this action from Rutherford to McDowell county for trial -must be sustained. We-see no reason for distinguishing -it from Stanly v. Mason, 69 N. C., 1; Foy v. Morehead, 69 N. C., 512; Bidwell v. King, 71 N. C., 287.
But. it is contended that the cases cited do not apply to .this case, under Section 193, which is claimed to be an amendment of Section 192 of The Code of Civil Procedure, and Clark v. Peebles, 100 N. C., 348, is cited as authority for this contention. It is true that Clark v. Peebles discusses the change of the word “ fiduciary”…
2Cases cited4 opinions
- Stanley v. . Mason, Adm'r.Supreme Court of North Carolina · 1873
- Bidwell v. . KingSupreme Court of North Carolina · 1874
- State Ex Rel. Clark v. PeeblesSupreme Court of North Carolina · 1888
- Foy, Adm'r v. . Morehead . Adm'rsSupreme Court of North Carolina · 1873
3Cited by3 opinions
- State v. SmarrSupreme Court of North Carolina · 1897
- Farmers' State Alliance v. MurrellSupreme Court of North Carolina · 1896
- Wiggins v. FinchSupreme Court of North Carolina · 1950