Heilig v. . Foard
Supreme Court of North Carolina
Civil ACTION, tried before Clouci, J., at Spring Term 1870 of Bowan Court. The plaintiff brought suit as a creditor of the deceased, on hehalf of himself and all others of 'the same class, alleging that he held a bond against the intestate, upon which he had heretofore brought suit which was still pending, and that the administrator (who had been appointed before July 1st 1869,) was about to exercise the power of preference amongst creditors of the same class, so as to…
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Civil ACTION, tried before Clouci, J., at Spring Term 1870 of Bowan Court. The plaintiff brought suit as a creditor of the deceased, on hehalf of himself and all others of 'the same class, alleging that he held a bond against the intestate, upon which he had heretofore brought suit which was still pending, and that the administrator (who had been appointed before July 1st 1869,) was about to exercise the power of preference amongst creditors of the same class, so as to defeat his claim. The prayer was for an injunction, &e. The defendant demurred to the complaint: ‘‘ 1. Because it does not…
1Opinion of the Court
PeausoN, O. J.
The first branch of the demurrer ought to have been disregarded, because ‘‘ it does not distinctly specify ” the ground of objection to the complaint: Love v. Commissioners of Chatham County, ante, 706.
This is a civil action by a creditor against an administrator. The question is, has the Superior Court jurisdiction, or should the proceeding be had before the Probate Court? It is singular that the act of 1868-’9, ch. 113, entitled u An act concerning the settlement of the estates of deceased per sons/’ although it enters very fully into matters of detail, does not settle this…
2Cases cited1 opinion
- Wadsworth v. . Davis, Adm'rSupreme Court of North Carolina · 1869
3Cited by16 opinions
- Grant v. . HughesSupreme Court of North Carolina · 1886
- Duke v. CampbellSupreme Court of North Carolina · 1951
- McBryde v. . PattersonSupreme Court of North Carolina · 1875
- Miller v. . BarnesSupreme Court of North Carolina · 1871
- Rowland v. . Thompson v. .Supreme Court of North Carolina · 1871
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