Legal Opinion

Clancy v. Dickey

Supreme Court of North Carolina

Decided December 15, 1823PublishedCited by 1 opinion

From Orange. This was an action of debt brought by the Plaintiffs against the Defendants, as the securities of one'James' Dickey, who was appointed by the Court of Orange, at February term 1817, guardian of Nancy Shutt, the infant Plaintiff in this case.

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From Orange. This was an action of debt brought by the Plaintiffs against the Defendants, as the securities of one'James' Dickey, who was appointed by the Court of Orange, at February term 1817, guardian of Nancy Shutt, the infant Plaintiff in this case. The bond was made payable to Thomas Clancy, Thomas Y/bitted and James Mc-banc, esquires, and the rest of the Jnslices of the County Court of Pleas and Quarter Sessions for the county of Orange, in the sum of one thousand pounds, to be paid to the said Justices, or the survivors or survivor of them, their executors or administrators, in trust…

1Opinion of the Court

Taylor, Chief Justice.

This isa motion o¡¡ Use pari; os' the Defendants, for a new trial, on the ground of misdirection in the Court, which is alleged io have occurred on one point, via. in refusing to instruct the Jury, that the Plaintiffs were not entitled io recover for the infant Nancy, her proportion of the mine of the ms;ro «laves, because Hickey never received them as guardian, but as executor in right, of his wife, or as legatee.

Another exception taken at the trial below, was, that she bond was wade payable to the Ptebdlilb and the other .'Justices of Crange County, whereas the act of…

2Cases cited2 opinions

  1. In re ClohertyWashington Supreme Court · 1891
  2. The United States v. John Arthur and Robert PattersonSupreme Court of the United States · 1809

3Cited by1 opinion

  1. Hathaway v. . LearySupreme Court of North Carolina · 1855

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