Legal Opinion

Stanley v. . Mason, Adm'r.

Supreme Court of North Carolina

Decided June 5, 1873PublishedCited by 15 opinions

This was a civil action against the defendant as administrator of Henry D. Turner, and at the last term of the Superior Court of the county of Craven, before Clarke, J., a judgment was rendered against him, from which he appealed. The facts of the case are stated in the opinion of the Court.

1Opinion of the CourtReade, J.

The Act of 1868-'69, chap. 258, sec. 1, provides, “ That all suits upon official bonds, or against executors and administrators in their fiduciary capacity, shall be instituted in the county where the bonds were or shall be given, if the principal or any of the sureties on the bonds is in the county; if not, then in the plaintiff’s county.”

The defendant resides, and took out letters of administration on the estate of his intestate in the county of Wake; and the plaintiff resides and brought suit in the county of Craven. His Honor held that Craven county was the proper venue of the action. In…

2Cited by15 opinions

  1. Cecil v. City of High PointSupreme Court of North Carolina · 1914
  2. Steele v. Commissioners of RutherfordSupreme Court of North Carolina · 1874
  3. Lichtenfels v. North Carolina National BankSupreme Court of North Carolina · 1963
  4. Craven v. . MungerSupreme Court of North Carolina · 1915
  5. Godfrey v. Tidewater Power Co.Supreme Court of North Carolina · 1944

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