Longmire v. . Herndon, Ex'r.
Supreme Court of North Carolina
This was a Bill isr Equity, filed .in 1868, and heard before Watts, J., upon exceptions to the report of the referee at the Spring Term, 1874, of the Superior Court of Geantille county. The original bill was filed by the plaintiff against 1). C. Herndon, the testator of the defendant and the plaintiff’s guardian, for an account and settlement of the guardianship.
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This was a Bill isr Equity, filed .in 1868, and heard before Watts, J., upon exceptions to the report of the referee at the Spring Term, 1874, of the Superior Court of Geantille county. The original bill was filed by the plaintiff against 1). C. Herndon, the testator of the defendant and the plaintiff’s guardian, for an account and settlement of the guardianship. During the progress of the cause, it was referred to a commissioner to state the account, which was done, both parties filing exceptions to certain items contained in his report. The cause was then referred to J. J. Davis, Esq., who…
1Opinion of the Court
Bynüm, J.
This is a suit in equity, instituted before the adoption of the present Constitution, which abolished the distinction between actions of law and suits in equity, and it is to be determined according to the principles and practice, as they existed in the Courts of equity.
The case is here by appeal from the rulings of the Court below, upon exceptions filed by the defendant to the report of the commissioner to take an account of the estate in the hands of the guardian. In this Court but two of the exceptions taken below are relied on or pressed by the counsel.
The first exception relied…
2Cases cited2 opinions
- State Ex Rel . Cummings v. . MebaneSupreme Court of North Carolina · 1869
- Shipp, Ex'r v. . HettrickSupreme Court of North Carolina · 1869
3Cited by3 opinions
- McNair v. PopeSupreme Court of North Carolina · 1888
- Tobacco Growers Co-Operative Ass'n v. PattersonSupreme Court of North Carolina · 1924
- McNair v. . PopeSupreme Court of North Carolina · 1888