Maxwell v. . Blair
Supreme Court of North Carolina
Special PROCEEDING, beard on appeal from a judgment of the Clerk, by Graves, Judge, at Fall Term, 1886, of MeckeeN-BUKG- Superior Court. This special proceeding was brought by the plaintiff, as administrator of Joseph Blair, decesed, to obtain license to sell the lands of his intestate, to make assets to pay debts.
Read the full summary
Special PROCEEDING, beard on appeal from a judgment of the Clerk, by Graves, Judge, at Fall Term, 1886, of MeckeeN-BUKG- Superior Court. This special proceeding was brought by the plaintiff, as administrator of Joseph Blair, decesed, to obtain license to sell the lands of his intestate, to make assets to pay debts. In the course of the proceeding, the Clerk made an order, whereof the following is a copy: “This cause coming on to be heard upon the motion of defendant, E. C. Ellington, to set aside the decree of sale, so far as the same affects the tract of land described in the pleadings as…
1Opinion of the CourtMebrimoN, J.
(after stating the facts). This is a special proceeding, and there can be no question that the Clerk of the Superior Court, acting for the Court, had authority to make the order in question, if it were a proper one to be made at all. The Code, §251; Brittain v. Mull, 91 N. C., 498; Jones v. Desern, 94 N. C., 32.
The Clerk could not, and did not in this case, exercise authority under the statute (The Code, §274); the Judge alone could do so, because he is specially charged with such authority. But the “ Judge or the Court” exercises authority under the statute (The Code, §273), in respect to…
2Cases cited7 opinions
- State v. AndersonSupreme Court of North Carolina · 1988
- Williamson v. . HartmanSupreme Court of North Carolina · 1885
- Brittain v. . MullSupreme Court of North Carolina · 1884
- McEachern v. . KerchnerSupreme Court of North Carolina · 1884
- Molyneux v. HueySupreme Court of North Carolina · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- McDaniel v. . LeggettSupreme Court of North Carolina · 1945
- Bank of North Wilkesboro v. Wilkesboro Hotel Co.Supreme Court of North Carolina · 1908
- Jones v. . CoffeySupreme Court of North Carolina · 1887
- Calloway v. Ford Motor Co.Court of Appeals of North Carolina · 1971