State Ex Rel. Clendenin v. Turner
Supreme Court of North Carolina
Civil action, tried, before Boykin, Judge, at November Term, 1886, of Iredell Superior Court. It appears that on the 16th day of November, 1858, Benjamin Turner was appointed to be the guardian of his infant daughter, M. D. Turner, and executed his bond as such guardian in the sum of $3,200, with J. R. B. Adams and Ii.
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Civil action, tried, before Boykin, Judge, at November Term, 1886, of Iredell Superior Court. It appears that on the 16th day of November, 1858, Benjamin Turner was appointed to be the guardian of his infant daughter, M. D. Turner, and executed his bond as such guardian in the sum of $3,200, with J. R. B. Adams and Ii. Nichols as sureties thereto ; and on the 19th day of May, 1863, he executed his second bond as such guardian, in the sum of $10,000, with Henry Turner and A. P. Sharpe as sureties thereto. Afterwards, on the 21st of August, 1866, the 'guardian above mentioned was removed by…
1Opinion of the Court
Merrimon, J.,
(after stating the facts). We express no opinion as to whether the plaintiffs’ alleged cause of action is well or ill founded, because in any view of it, it arose and was introduced into this action long after it began, displacing entirely the original cause of action alleged. This .is an anomaly that has no legal sanction, and cannot be allowed. Certainly the principal cause of action must exist in all cases at the time the action began. It would be unjust and absurd to bring a party into Court to answer the plaintiff, before he had a right to sue. The mere fact that the cause…
2Cases cited4 opinions
- Ely v. . EarlySupreme Court of North Carolina · 1886
- Merrill v. . MerrillSupreme Court of North Carolina · 1885
- Grant v. . BurgwynSupreme Court of North Carolina · 1883
- McNair v. . Comrs. of Buncombe CountySupreme Court of North Carolina · 1885
3Cited by28 opinions
- Reynolds v. Lloyd Cotton MillsSupreme Court of North Carolina · 1919
- Bennett v. North Carolina RailroadSupreme Court of North Carolina · 1911
- Johnston County v. . EllisSupreme Court of North Carolina · 1946
- Gillam v. Life Insurance Co.Supreme Court of North Carolina · 1897
- Bynum v. Board of CommissionersSupreme Court of North Carolina · 1888
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