Legal Opinion

Reaves v. . Davis

Supreme Court of North Carolina

Decided February 5, 1888Published

Administration — Final Account — Statute of Limitations — Liability of Surety — Reference—■Fmideiice. This ivas a civil action, tried before Awry, J., at Fall Term, 1886, of MadisoN Superior Court, upon report of referee and exceptions.

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Administration — Final Account — Statute of Limitations — Liability of Surety — Reference—■Fmideiice. This ivas a civil action, tried before Awry, J., at Fall Term, 1886, of MadisoN Superior Court, upon report of referee and exceptions. This action is on the administration bond executed by the defendants, H. Davis, as principal, and G. D. Roberson, as surety, On the issue of letters of administration to the former, on the estate of Philip Ingle, by the plaintiff, a creditor, who had before recovered judgment for his debt, against the administrator. The complaint charges that there are, or…

1Opinion

The foregoing opinion was prepared by the Chief Justice at the last term of this Court, but at the request of counsel for the defendant, who did not argue the case upon its merits at that term, it was withheld, that we might have the benefit of further argument on behalf of the defendant. At the present term we have had an interesting and able argument from Mr. Davidson, chiefly upon the defense interposed by the statute of limitations, but, after a careful review, we adhere to the conclusion at which we first arrived.

It having been found that the alleged final account was not such as the…

2Cases cited3 opinions

  1. Battle v. MayoSupreme Court of North Carolina · 1889
  2. Lanning v. Commissioners of Transylvania CountySupreme Court of North Carolina · 1890
  3. Gill v. . CooperSupreme Court of North Carolina · 1892

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