Mallard v. . Patterson
Supreme Court of North Carolina
This is a creditor’s bill, instituted in the Superior Court of . Iredell County, and heard upon exceptions to report before Bynum, J., at November Term, 1890. It appears that Ann Patterson died intestate in the county of Iredell before the 4th day of October, 1875, and on that day the defendant was appointed and qualified as administrator of her estate, and gave notice to all persons having claims against the estate to exhibit the same to him within twelve months, etc., as…
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This is a creditor’s bill, instituted in the Superior Court of . Iredell County, and heard upon exceptions to report before Bynum, J., at November Term, 1890. It appears that Ann Patterson died intestate in the county of Iredell before the 4th day of October, 1875, and on that day the defendant was appointed and qualified as administrator of her estate, and gave notice to all persons having claims against the estate to exhibit the same to him within twelve months, etc., as required by the statute (The Code, § 1421). ■ The' defendant brought an action against certain parties which was not…
1Opinion of the Court
MkrkiixoN, C..-J.
after stating the case: This proceeding has been greatly delayed and neglected by the parties, particularly so by the defendant, and possibly to his prejudice in respects not remediable here. We can only deal with errors assigned, or such as appear upon the face of the record proper
• The plaintiffs, in the orderly course of procedure, filed their verified complaint alleging sufficiently a cause of action. The defendant was allowed time to file his answer. This he did not do promptly. An answer appears among the papers— when this was placed among them does not appear — and it…
2Cases cited1 opinion
- Alford v. . McCormacSupreme Court of North Carolina · 1884
3Cited by13 opinions
- Blumenthal v. LynchSupreme Court of North Carolina · 1986
- Rigsbee v. . BrogdenSupreme Court of North Carolina · 1936
- Rich v. NORFOLK SOUTHERN RAILWAY COMPANYSupreme Court of North Carolina · 1956
- Griffin v. Asheville Light Co.Supreme Court of North Carolina · 1892
- Allen v. CurrieSupreme Court of North Carolina · 1961
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