State Ex Rel . Lippard Wife v. . Troutman
Supreme Court of North Carolina
Civil action on a guardian bond, tried at Fall Term, 1874, of the Superior Court of Liedell county, before his Honor Judge Mitahell. The facts as agreed by counsel, are substantially as follows: The defendant, Troutman became guardian for the feme plaintiff in 1853, entering into bond in the sum of $500, with one Kyles, and Alexander as sureties. Alexander is dead, and the defendant, Stephenson, is his administrator.
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Civil action on a guardian bond, tried at Fall Term, 1874, of the Superior Court of Liedell county, before his Honor Judge Mitahell. The facts as agreed by counsel, are substantially as follows: The defendant, Troutman became guardian for the feme plaintiff in 1853, entering into bond in the sum of $500, with one Kyles, and Alexander as sureties. Alexander is dead, and the defendant, Stephenson, is his administrator. A nol. f/ros. was entered as to Troutman and Kyles, they being notoriously insolvent, the action standing against Stephenson, the administrator, alone. It was in evidence, from a…
1Opinion of the CourtSettle, J.
This is an action upon a guardian’s bond, executed in 1853; and the defence is the statute of limitations in favor of sureties. The feme plaintiff became of full age on the 1st of March, 1866, was married in 1869, and with her husband commenced this action in 1874.
It is admitted that the statute of limitations was suspended by a series of acts, from the 11th day of May, 1861, until the 1st day of January, 1870. Johnson v. Winslow, 63 N. C. Rep., 552; Plott v. Western N. C. Railroad Company, 65 N. C. Rep. 74. But the defendant says the act of 1866-’67, chap. 18, sec. 1, so explained and…
2Cases cited4 opinions
- Johnson v. . WinslowSupreme Court of North Carolina · 1869
- Shuler v. . MillsapsSupreme Court of North Carolina · 1874
- Plott v. Western North Carolina RailroadSupreme Court of North Carolina · 1871
- State Ex Rel. Harris v. HarrisSupreme Court of North Carolina · 1874
3Cited by10 opinions
- Lindell Real Estate Co. v. LindellSupreme Court of Missouri · 1897
- Bliler v. BoswellWyoming Supreme Court · 1900
- Green v. . the North Carolina Railroad Co.Supreme Court of North Carolina · 1875
- Hershy v. LathamSupreme Court of Arkansas · 1883
- Chancey v. . PowellSupreme Court of North Carolina · 1889
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