Wadsworth v. . Davis, Adm'r
Supreme Court of North Carolina
Creditor’s bill, filed and injunction, obtained November, 8,. 1868, in tbe Superior Court of MeceleNburg. At Fall Term, the defendant demurred, and the cause was- “ transferred to the Supreme Court by consent.”
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Creditor’s bill, filed and injunction, obtained November, 8,. 1868, in tbe Superior Court of MeceleNburg. At Fall Term, the defendant demurred, and the cause was- “ transferred to the Supreme Court by consent.” The bill was filed by the plaintiffs on behalf of all the creditors who would come in and contribute, &c., and set forth the-death of the intestate, insolvent and greatly indebted, amongst others, to the complainants, in debts particularly described; that the intestate died, possessed of personal property and a large real estate, which had come into the hands of the defendant as his…
1Opinion of the CourtRodmaN, J.
There have been in this State too many instances ■of what are called “creditors’ bills” to permit any doubt of the Jurisdiction of a Court of- Equity to entertain them. Allison v. Davidson, 1 D. & B., Eq. 46; Simmons v. Whitaker, 2 Ire. Eq. 129; Masters v. Harding, 8 Ire. Eq. 303.
It is contended however, that this jurisdiction is taken away by the Constitution, and Code of Civil Procedure, and is given to the clerk of the Superior Court, under Sec. 418, C. O. P., which authorizes the clerk to “ audit the accounts of executors, ¡administrators and guardians.” This cannot be so. It was not the…
2Cited by12 opinions
- State v. Georgia Co.Supreme Court of North Carolina · 1893
- Barcello v. . HapgoodSupreme Court of North Carolina · 1896
- Heilig v. . FoardSupreme Court of North Carolina · 1870
- Wilson v. . BynumSupreme Court of North Carolina · 1885
- Fike v. . GreenSupreme Court of North Carolina · 1870
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