Lassiter v. . Roper
Supreme Court of North Carolina
Civil action-,"tried, at .January Special Term, 1894, of Pasquotank Superior Court, before Brown, J., and a jury. The action was against the defendant Caleb Roper, administrator of PI. E. Lassiter, and the other defendants as his sureties, for a breach of the administration bond.
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Civil action-,"tried, at .January Special Term, 1894, of Pasquotank Superior Court, before Brown, J., and a jury. The action was against the defendant Caleb Roper, administrator of PI. E. Lassiter, and the other defendants as his sureties, for a breach of the administration bond. The defendants in their answer, after' denying the allegations of the complaint as to the breach of the bond, alleged as follows: “That since the final account and settlement of said estate and the institution of this suit the time elapsed is sufficient in law to bar a recovery agaiust these defendants or either of…
1Opinion of the Court
Shepherd, C. J.:
In Bayard v. Malcolm, a case reported in 1 Johnson, 458, Chief Justice Kent remarked: “1 entertain a decided opinion that the established principles of pleading, which compose what is called its science, are rational, concise, luminous and admirably adapted to the investigation of truth, and ought consequently to be very carefully touched by the hand of innovation.” It was but in keeping with, the spirit of these views that our present system of civil procedure was framed and enacted, and we find this (hurt, very shortly after its adoption repudiating the idea that loose and…
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