Edwards v. . Jones
Supreme Court of North Carolina
Civil action, tried at Fall Term, 1893, of AllegiiaNy Superior Court, before Winston, J. Defendant appealed. The plaintiff alleged that he was the administrator of the estate of T. M. Dobyns, late a citizen of the State of Virginia, who died in 1872, having made and published his last will and testament, which has been duly admitted to. probate in that State, and also in this; that one D. W. Dobyns was appointed executor of that will, and qualified as such executor in the…
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Civil action, tried at Fall Term, 1893, of AllegiiaNy Superior Court, before Winston, J. Defendant appealed. The plaintiff alleged that he was the administrator of the estate of T. M. Dobyns, late a citizen of the State of Virginia, who died in 1872, having made and published his last will and testament, which has been duly admitted to. probate in that State, and also in this; that one D. W. Dobyns was appointed executor of that will, and qualified as such executor in the State of Virginia, but was thereafter removed from said executorship by the proper Court of that State, and one Marshall…
1Opinion of the CourtBujrwell, J.
(after stating the facts): The exception of the defendant to the introduction of the copy of the record of the judgment of the Circuit Court of Carroll County, Virginia, upon the ground that the certificate of the Judge thereon was “ defective, in that it states that the record is in due form of law, instead of in due form according to the law of this State,” cannot be sustained. The attestation of the Clerk should be, as here, in the form prescribed for the Court in which the judgment was rendered, and the certificate of the Judge that the Clerk’s attestation is in due form is conclusive.…
2Cited by1 opinion
- Rainey v. . HinesSupreme Court of North Carolina · 1897