Humble v. . Mebane
Supreme Court of North Carolina
Civile ACTION on a guardian bond tried at Fall Term, 1883, of Guiuford Superior Court, before MaoRae, J. The defendant Mebane, in February, 1866, was appointed guardian to the relators (Preston C. and Rebecca Humble and Libby Louisa, now the wife of the other relator) by the county court of Guilford, and entered into bond as such in the penal sum of $2,000, with the other defendant and one- R. P. Shaw, sureties, with conditions required by law.
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Civile ACTION on a guardian bond tried at Fall Term, 1883, of Guiuford Superior Court, before MaoRae, J. The defendant Mebane, in February, 1866, was appointed guardian to the relators (Preston C. and Rebecca Humble and Libby Louisa, now the wife of the other relator) by the county court of Guilford, and entered into bond as such in the penal sum of $2,000, with the other defendant and one- R. P. Shaw, sureties, with conditions required by law. The relators having arrived at full age on August 14th, 1879, instituted this action to recover the trust estate in the hands of the guardian, and…
1Opinion of the Court
Smith, C. J.,
after stating the above. It would be clearly irregular and unjust, where a defence is set up to the entire action, to leave it undisposed of and direct a compulsory reference to have an account taken, and then, upon the corning in of the report, refuse to hear or to submit an issue, as to the facts upon which it depends, to the jury, if those facts found true would defeat the- plaintiffs’ recovery. And it was not less erroneous in the referee to hear and report the evidence when offered, since it tended to show, according to the defendants’ contention, that nothing to which the…
2Cases cited1 opinion
- Earp v. . RichardsonSupreme Court of North Carolina · 1876
3Cited by14 opinions
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- Clements v. . RogersSupreme Court of North Carolina · 1886
- State Ex Rel. Carr v. AskewSupreme Court of North Carolina · 1886
- Woody v. . BrooksSupreme Court of North Carolina · 1889
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