Legal Opinion

Watts v. . Warren

Supreme Court of North Carolina

Decided February 5, 1891PublishedCited by 7 opinions

This was a civil action, tried at October Term, 1890, of Durham Superior Court, before MacRae, J. It appears that Julius B. Warren died intestate in the county of Durham in the month of June, 1889, and the defendant W. A. Warren duly b.ecame the administrator of his estate. This action is brought by the creditors of the intestate to compel the defendant administrator to an account of his administration, and to pay the creditors what may be payable to them respectively.

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This was a civil action, tried at October Term, 1890, of Durham Superior Court, before MacRae, J. It appears that Julius B. Warren died intestate in the county of Durham in the month of June, 1889, and the defendant W. A. Warren duly b.ecame the administrator of his estate. This action is brought by the creditors of the intestate to compel the defendant administrator to an account of his administration, and to pay the creditors what may be payable to them respectively. The other defendants are brought into the action, to the end they may be concluded in respects not necessary to be…

1Opinion of the Court

MerrimoN, C. J.:

Assignments of error upon the ground that evidence tendered on the trial was improperly rejected, should distinctly specify its relevancy and materiality. The Court must be able to see its nature and application with reasonable certainty. Otherwise, it cannot say that there is, or is not, error. The presumption is that the rulings of the Court are correct, until the contrary is made to appear in some appropriate way. Whitesides v. Twitty, 8 Ired., 431; Knight v. Killebrew, 86 N. C., 400; Sumner v. Candler, 92 N. C., 634.

Although the evidence which the defendants sought to…

2Cases cited10 opinions

  1. Bunn v. . ToddSupreme Court of North Carolina · 1890
  2. Sumner v. . CandlerSupreme Court of North Carolina · 1885
  3. Lockhart v. . BellSupreme Court of North Carolina · 1884
  4. Knight v. . KillebrewSupreme Court of North Carolina · 1882
  5. Loftin v. . LoftinSupreme Court of North Carolina · 1887

5 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State Ex Rel. Wilder v. MedlinSupreme Court of North Carolina · 1939
  2. In Re Worth's WillSupreme Court of North Carolina · 1901
  3. Harrison v. WinsteadSupreme Court of North Carolina · 1959
  4. Morgan v. HenryWisconsin Supreme Court · 1902
  5. In Re Will of BradfordSupreme Court of North Carolina · 1922

2 more not listed; retrieve them via the Exa API.

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