Norman v. . Walker
Supreme Court of North Carolina
Civil action tried before Connor, J., at Spring Term, 1888, of the Superior.Court of Tyrrell County. The following are the facts agreed upon ; “1. July Oth, 1872, V. B. Norman qualified in the proper Court of Tyrrell County as guardian of the relator, with W. W. Walker and II. P. Alexander as sureties, his bond being, as set out in the complaint, in the penal sum of $1,040. He made no returns whatever of his guardian account.
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Civil action tried before Connor, J., at Spring Term, 1888, of the Superior.Court of Tyrrell County. The following are the facts agreed upon ; “1. July Oth, 1872, V. B. Norman qualified in the proper Court of Tyrrell County as guardian of the relator, with W. W. Walker and II. P. Alexander as sureties, his bond being, as set out in the complaint, in the penal sum of $1,040. He made no returns whatever of his guardian account. He died a few years after his qualification intestate, and no administration has ever been appointed on his estate. 2. The said guardian received for the relator, on the…
1Opinion of the CourtDavis, J.
The action on the guardian bond should have been in the name of the State, for the benefit of the plaihtiff, 'and not in the name of the plaintiff. Carmichael v. Moore, 88 N. C., 29; Williams v. McNair, 98 N. C., 232.
No final account, or any other account, was filed b}'- the guardian who was principal on the bond declared on, and counsel insist that “no statute began to run against the plaintiff till the final account was filed,” and for this he relies on § 154 of The Code.
That section fixes the limit of six years “ after the auditing of his final account by the proper officer, and the filing…
2Cases cited3 opinions
- Parker v. . MorrillSupreme Court of North Carolina · 1887
- Carmichael v. . MooreSupreme Court of North Carolina · 1883
- Williams v. . McNairSupreme Court of North Carolina · 1887
3Cited by7 opinions
- Kennedy v. . CromwellSupreme Court of North Carolina · 1891
- Koonce v. . PelletierSupreme Court of North Carolina · 1894
- Self v. Shugart.Supreme Court of North Carolina · 1904
- State Ex Rel. Hicks v. PurvisSupreme Court of North Carolina · 1935
- Kennedy v. . CromwellSupreme Court of North Carolina · 1891
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