Armstrong v. . Short
Supreme Court of North Carolina
From Nash. This was an action of debt on an obligation executed by the Defendant to the Plaintiffs ; and'on the trial in the Court below, the Plaintiffs had been nonsuited, and appealed to this Court.- The case., as stated ip the record, for the decision of this Court, is as follows : Short was found by inquisition, before the execution of the bond, “ to be of ** insane mind, and incapable of managing his affairs/’ whereupon the County Court appointed S. Westray his guardian…
Read the full summary
From Nash. This was an action of debt on an obligation executed by the Defendant to the Plaintiffs ; and'on the trial in the Court below, the Plaintiffs had been nonsuited, and appealed to this Court.- The case., as stated ip the record, for the decision of this Court, is as follows : Short was found by inquisition, before the execution of the bond, “ to be of ** insane mind, and incapable of managing his affairs/’ whereupon the County Court appointed S. Westray his guardian ; who, being duly nodded to appeal" and defend this suit, did appear accordingly, and pleaded the inquisition. The…
1Opinion of the Court
As the Legislature designed that guardians (13) should be appointed for idiots and lunatics alone, it is highly necessary that the inquisition, upon the authority of which the county courts exercise the power confided to them, shall distinctly state that the person is an idiot or lunatic, or by an equivalent description present the same meaning. Very mischievous consequences might ensue from a laxity in this respect, since by a jury undertaking to measure the degrees of intellect persons might be subjected to this guardianship whose free agency the law had not restrained, however wise it…
2Cited by9 opinions
- Sprinkle v. Wellborn.Supreme Court of North Carolina · 1905
- In Re AndersonSupreme Court of North Carolina · 1903
- Doe on Demise of Moffit v. WitherspoonSupreme Court of North Carolina · 1849
- Matter of Will of MaynardCourt of Appeals of North Carolina · 1983
- Eagle v. PetersonSupreme Court of Arkansas · 1918
4 more not listed; retrieve them via the Exa API.