Weaver v. . Jones
Supreme Court of North Carolina
Motion to vacate a Judgment heard at Fall Term, 1879, of Henderson Superior Court, before Graves, J. The motion was refused and the defendant appealed.
1Opinion of the CourtSmith, C. J.
This action, commenced in 1866 in the county of Polk and in 1867 removed to Henderson, was depending in the superior court thereof at the death of the defendant’s intestate in 1872, and a month afterwards administration on his estate was committed to the defendant. At fall term, 1873, under an arrangement previously entered into between the counsel for the plaintiff and the intestate, the original defendant, who assumed still to represent the administrator, that no formal process need issue to make him a party, an order was entered making the defendant a party as of the preceding term and the…
2Cases cited1 opinion
- Doyle v. . Brown, GuardianSupreme Court of North Carolina · 1875
3Cited by7 opinions
- England v. . GarnerSupreme Court of North Carolina · 1884
- Howard v. BoyceSupreme Court of North Carolina · 1961
- Peoples v. . NorwoodSupreme Court of North Carolina · 1886
- Yarborough v. . MooreSupreme Court of North Carolina · 1909
- Edwards v. . MooreSupreme Court of North Carolina · 1888
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