Legal Opinion · Dissent

Self v. Shugart.

Supreme Court of North Carolina

Decided April 26, 1904Published

ActioN by the State on the relation of Annie J. Self and another against J. L. Shugart and others, heard by Judge W. U. Neal, at April Term, 1903, of the Superior Oourt of Subey County. From a judgment for the plaintiffs the defendants appealed.

1DissentMontgomery, J.

The law in force up to the time of the adoption of The Code of Civil Procedure— August, 1869- — in respect to the right of sureties on guardian bonds to obstruct a recovery against them by the ward after a lapse of a statutory time, was in these words: “Any orphan or ward, coming to full age, and not calling on his guardian within three years thereafter for a full settlement of his guardianship, shall be forever barred as to the sureties on the bond of the guardian from all recovery thereon.” Chapter 65, section 4 (The Act of 1895), Revised Code. In Johnson v. Taylor, 8 N. C., 271, that…

2Cases cited2 opinions

  1. Woody v. . BrooksSupreme Court of North Carolina · 1889
  2. Executors of Johnson v. TaylorSupreme Court of North Carolina · 1821

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