Siglar and Nall, Administrators of William Nall, Deceased, in Error v. John Haywood, Public Treasurer of the State of North Carolina, in Error
Supreme Court of the United States
*Eeror to the Circuit Court of Tennessee. This was an action of debt, brought in the court below by Haywood, the defendant in error, against Siglar and Nall, the plaintiffs in error, upon a judgment obtained against the intestate, William Nall, in the superior court for the district of Hillsborough, in the state of North Carolina, for the sum of $2980.05. The defendants pleaded, 1. Nil debet, and 2. Plene administravit.
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*Eeror to the Circuit Court of Tennessee. This was an action of debt, brought in the court below by Haywood, the defendant in error, against Siglar and Nall, the plaintiffs in error, upon a judgment obtained against the intestate, William Nall, in the superior court for the district of Hillsborough, in the state of North Carolina, for the sum of $2980.05. The defendants pleaded, 1. Nil debet, and 2. Plene administravit. The plaintiff replied to the second plea, that the defendants have, and on the day of commencing this suit had, divers goods, &c., whereof they could have satisfied the…
1Opinion of the Court
Marshall, Ch. J.,
delivered the opinion of the court. — This case presents several questions of some difficulty ; but as the argument has been ex parte, and there are other points on which the judgment must necessarily be reversed, the court will confine its opinion to those on which no doubt can arise.
At the trial of the issue of fully administered, the plaintiff’s counsel moved the court to instruct the jury, “that as it appeared, by the accounts exhibited by the defendants, that a part remained in their hands unadminis-tered, that the plea was, therefore, false, and that on that ground he…
2Cited by9 opinions
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- King v. AnthonyIndiana Supreme Court · 1828
- Smith v. ChapmanSupreme Court of the United States · 1876
- Justices of the Inferior Court of Irwin County ex rel. Hunter v. SloanSupreme Court of Georgia · 1849
- Goosely v. HolmesCourt of Appeals of Virginia · 1803
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