Legal Opinion

Badger v. . Daniel

Supreme Court of North Carolina

Decided June 5, 1878PublishedCited by 15 opinions

Civil ActioN brought upon a Guardian .Bond and heard on exceptions to the report of a referee at Fall Term, 1877, of Halifax Superior Court, before McKoy, J. This action was brought on the 9th of October, 1871, against the defendant, guardian of the femes plaintiff, and the sureties upon his bond ; it was alleged among other things that in consequence of the failure of the guardian to account, the plaintiffs recovered a judgment for $20,690.44 against him at Fall Term, 1871,…

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Civil ActioN brought upon a Guardian .Bond and heard on exceptions to the report of a referee at Fall Term, 1877, of Halifax Superior Court, before McKoy, J. This action was brought on the 9th of October, 1871, against the defendant, guardian of the femes plaintiff, and the sureties upon his bond ; it was alleged among other things that in consequence of the failure of the guardian to account, the plaintiffs recovered a judgment for $20,690.44 against him at Fall Term, 1871, and now seek to subject •certain funds and lands in possession of the other defendants to its payment. Answers were…

1Opinion of the Court

* Smith, C. J., did not sit on the hearing of the case. BYNUM, J., concurring: Remarks upon the decision in Brown v. Pike, and reaffirms the ruling therein made. This action was brought on 9 October, 1871, against the defendant, guardian of the feme plaintiff, and the sureties upon his bond; and it was alleged among other things that in consequence of the failure of the guardian to account, the plaintiffs recovered a judgment for $20,690.44 against him at Fall Term, 1871, and now seek to subject certain funds and lands in possession of the other defendants to its payment. (374) Answers were…

2Cases cited4 opinions

  1. Badger v. . DanielSupreme Court of North Carolina · 1877
  2. Hinton v. . WhitehurstSupreme Court of North Carolina · 1873
  3. State Ex Rel. Brown v. PikeSupreme Court of North Carolina · 1876
  4. Stack v. . WilliamsSupreme Court of North Carolina · 1856

3Cited by15 opinions

  1. Holden v. . StricklandSupreme Court of North Carolina · 1895
  2. State Ex Rel. Davenport v. McKeeSupreme Court of North Carolina · 1887
  3. Murchison's Executors v. WhittedSupreme Court of North Carolina · 1882
  4. Hornung v. SchrammCourt of Appeals of Texas · 1899
  5. Davis v. . PerrySupreme Court of North Carolina · 1887

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