State Ex Rel. Cloman v. Staton
Supreme Court of North Carolina
- Civil Action tried at Eall Term, 1877, of Edgecombe Superior Court, before Cannon, J. ' This was an action upon a guardian bond executed by the-defendants. Upon return of the summons the defendants-■ moved to dismiss the action, for that,/the bond and returns-of the guardian were made in the C'hnty of Martin, where" the guardian qualified and residedMand insisted that the action should have been brougb/f, in Martin instead of' Edgecombe.
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- Civil Action tried at Eall Term, 1877, of Edgecombe Superior Court, before Cannon, J. ' This was an action upon a guardian bond executed by the-defendants. Upon return of the summons the defendants-■ moved to dismiss the action, for that,/the bond and returns-of the guardian were made in the C'hnty of Martin, where" the guardian qualified and residedMand insisted that the action should have been brougb/f, in Martin instead of' Edgecombe. The plaintiff resisted' the motion, contending that the plaintiff being a resident of Edgecombe, the venue-was properly laid; and that ft most the action…
1Opinion of the CourtReade, J.
There is no doubt that Edgecombe, where the plaintiff lived, was not the proper County, and that Martin where the defendant lived, aod gave his guardian bond, was the proper County in which to try the suit upon the guardian bond. C. C. P. § 68 (a); Stanly v. Mason, 69 N. C. 1; Steele v. Commissioners of Rutherford, 70 N. C. 137. A guardian bond is an “ official bond ” within the meaning of the .statute.
In the cases heretofore before the Court, the main question was as to the proper County, but in this case the question is ■also made as to the time and manner of raising the question, and the…
2Cases cited3 opinions
- Steele v. Commissioners of RutherfordSupreme Court of North Carolina · 1874
- Stanley v. . Mason, Adm'r.Supreme Court of North Carolina · 1873
- Jones v. . Com'rs of Bladen Co.Supreme Court of North Carolina · 1873
3Cited by10 opinions
- State v. Fayetteville Street Christian SchoolSupreme Court of North Carolina · 1980
- Coats v. Sampson County Memorial Hospital, Inc.Supreme Court of North Carolina · 1965
- Jones v. Town of StatesvilleSupreme Court of North Carolina · 1887
- Lichtenfels v. North Carolina National BankSupreme Court of North Carolina · 1963
- Baruch v. . LongSupreme Court of North Carolina · 1895
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