Atkinson v. Ricks.
Supreme Court of North Carolina
MotioN in the cause heard by Judge R. B. Peebles, at Halifax, N. C., on August 24, 1905, in the action by W. J. Atkinson, Executor of Willis W. Barbara, against W. S. Ricks, Executor of J. J. Boyd, pending in the Superior Court of NORTHAMPTON. The plaintiff sued J. J. Boyd, testator of the defendant, before a justice of the peace to recover a debt of $65 and interest, and caused an attachment to be issued and levied on a tract of land belonging to him.
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MotioN in the cause heard by Judge R. B. Peebles, at Halifax, N. C., on August 24, 1905, in the action by W. J. Atkinson, Executor of Willis W. Barbara, against W. S. Ricks, Executor of J. J. Boyd, pending in the Superior Court of NORTHAMPTON. The plaintiff sued J. J. Boyd, testator of the defendant, before a justice of the peace to recover a debt of $65 and interest, and caused an attachment to be issued and levied on a tract of land belonging to him. He afterwards recovered judgment. The defendant appealed to the Superior Court, where a judgment was rendered against bis executor, be having…
1Opinion of the Court
Walker, J.,
after stating the ease: The counsel devoted much of the argument to alleged irregularities in the proceedings, such, among other defects, as want of sufficient notice and the bearing of the motion in Halifax instead of Northampton County. We do not deem it necessary to notice the questions thus raised, as there is one objection that goes to the root of the matter, and is fatal to the plaintiff’s right to have relief of any kind in this form of proceeding. When a creditor has a claim against a decedent’s estate, whether by judgment or otherwise, the law is explicit in its directions…
2Cases cited1 opinion
- May v. Getty.Supreme Court of North Carolina · 1905
3Cited by9 opinions
- Henderson County v. OsteenSupreme Court of North Carolina · 1977
- In Re the Estate of GallowaySupreme Court of North Carolina · 1948
- Jones v. . PalmerSupreme Court of North Carolina · 1939
- In Re Last Will & Testament of TaylorSupreme Court of North Carolina · 1977
- Lemly v. EllisSupreme Court of North Carolina · 1906
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