Morgan v. . Bunting
Supreme Court of North Carolina
Civil Action tried at Spring Term, 1881, of Wake Superior Court, before Schenck, J. S. D. Morgan died in 1864, and William Laws was appointed his administrator and died in 1871, before making a final settlement of the estate, but he had obtained judgment against divers parties indebted to his intestate, upon which executions were issued and money paid to the defendant, Bunting, as clerk of the superior court.
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Civil Action tried at Spring Term, 1881, of Wake Superior Court, before Schenck, J. S. D. Morgan died in 1864, and William Laws was appointed his administrator and died in 1871, before making a final settlement of the estate, but he had obtained judgment against divers parties indebted to his intestate, upon which executions were issued and money paid to the defendant, Bunting, as clerk of the superior court. Soon after the appointment of the plaintiff, S. T. Morgan, as administrator de bonis non of the intestate, in 1879, he made demand of the defendant for the money received by him as…
1Opinion of the CourtSmith, C. J.
The action is on the official bond executed by the defendant Bunting on his qualification as clerk of the superior court in July, 1868, and the other defendants,his sureties, to recover several sums of money due the intestate, collected under executions and paid into office during the former administration. To sustain the defence the said Bunting was offered as a witness on behalf of himself and the other defendants to prove payments made to the attorney of record of the first administrator, since deceased, and on objection was held to .be incompetent to give the proposed testimony.
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2Cases cited8 opinions
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- Tabor v. . WardSupreme Court of North Carolina · 1880
- McCanless v. ReynoldsSupreme Court of North Carolina · 1876
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- Hawkins v. . CarpenterSupreme Court of North Carolina · 1881
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3Cited by5 opinions
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- Clanton v. . PriceSupreme Court of North Carolina · 1884
- McCanless v. . ReynoldsSupreme Court of North Carolina · 1876