Martin v. . Knight
Supreme Court of North Carolina
ActioN tried before Ferguson, J., and a jury, at May Term, 1907, of Stoices. Plaintiff sued the original administratrix of W. L. Fallen, deceased, for the recovery of the amount due on a bond and due bill set forth in the complaint. The hdministratrix having died, Thomas B. Knight was appointed administrator ' de bonis non and made party defendant.
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ActioN tried before Ferguson, J., and a jury, at May Term, 1907, of Stoices. Plaintiff sued the original administratrix of W. L. Fallen, deceased, for the recovery of the amount due on a bond and due bill set forth in the complaint. The hdministratrix having died, Thomas B. Knight was appointed administrator ' de bonis non and made party defendant. Plaintiff alleged that defendant’s intestate, on 16 November, 1896, executed bis bond, under seal, obligating himself to pay plaintiff, six months after date, $2,000, with interest from date; that no part of said bond had been paid save the sum of…
1Opinion of the Court
CONNOR, J.,
after stating the facts: The defendant’s exception to his Honor’s refusal to submit the issue in regard to the tax list is based upon the contention that, by Eevisal, sec. 5219, subdiv. 11, and Acts 1907, ch. 258, sec. 32, a failure to list with a view to evade the payment of taxes on solvent credits prevents their recovery by an action at law or suit in equity in the courts of the State until they are listed and taxes paid thereon. The matter involved in the issue is not set up or pleaded in the answer as a bar to the action, and was not therefore issuable. Only matters alleged…
2Cases cited23 opinions
- State v. Wilcox.Supreme Court of North Carolina · 1903
- State Ex Rel. Stubblefield v. WoodruffSupreme Court of North Carolina · 1872
- Yates v. . YatesSupreme Court of North Carolina · 1877
- Ratliff v. Ratliff.Supreme Court of North Carolina · 1902
- Outlaw v. . Hurdle and OthersSupreme Court of North Carolina · 1853
18 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Hughes v. StateTennessee Supreme Court · 1912
- State v. LeDucSupreme Court of North Carolina · 1982
- Fourth National Bank v. McArthurSupreme Court of North Carolina · 1915
- State v. . MatthewsSupreme Court of North Carolina · 1926
- Nicholson v. Eureka Lumber Co.Supreme Court of North Carolina · 1911
13 more not listed; retrieve them via the Exa API.