Legal Opinion

Dickerson v. Wilcoxon

Supreme Court of North Carolina

Decided February 15, 1887PublishedCited by 2 opinions

This was a civil action, tried, before Graves, Judge, at Spring Term, 1886, of Ashe Superior Court. The plaintiff, Jackson B. Hosh and Allen Parkins,-in the year 1855, formed and thereafter carried on: a mercantile co-partnership until its dissolution, in the spring of 1857. Allen Parkins died in 18.., leaving a will, which was duly proved, and the defendants appointed executors therein, who accepted the trust and undertook its discharge.

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This was a civil action, tried, before Graves, Judge, at Spring Term, 1886, of Ashe Superior Court. The plaintiff, Jackson B. Hosh and Allen Parkins,-in the year 1855, formed and thereafter carried on: a mercantile co-partnership until its dissolution, in the spring of 1857. Allen Parkins died in 18.., leaving a will, which was duly proved, and the defendants appointed executors therein, who accepted the trust and undertook its discharge. On November 6, 1869, the plaintiff commenced his action to have an account taken of the firm transactions and for judgment for what may be found due him.…

1Opinion of the Court

Smith, C. J.,

(after.stating the facts). The sole question brought up by the appeal, arises out of the refusal of the Judge, upon the record, to award an execution against the personal goods of the defendants. While the possession of -assets was directly averred and denied, and a material issue •thus raised, which it was necessary to dispose of before the •character of the final judgment could be ascertained, it has manifestly never been considered by the referee, nor, so far as the record discloses, passed on by the Judge. It was distinctly recalled to notice in an exception to the report.…

2Cited by2 opinions

  1. Hardy v. . CarrSupreme Court of North Carolina · 1889
  2. Hardy v. CarrSupreme Court of North Carolina · 1889

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