State Ex Rel. Anthony v. Estes
Supreme Court of North Carolina
This was an inquiry, as to damages, upon a judgment by default, tried before Merrimon, J., at Spring Term, 1888, of Burke Superior Court.
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This was an inquiry, as to damages, upon a judgment by default, tried before Merrimon, J., at Spring Term, 1888, of Burke Superior Court. The plaintiffs’ action is upon the guardian bond executed by the. defendant J. C. Estes as principal and the other defendants sureties, to recover damages for the alleged negligence and misconduct of the guardian in consenting to a sale of certain lands belonging to George W. Anthony, their grandfather, which descended to their father as tenant in common with two others, and whose undivided one-third interest therein upon liis death descended to them,…
1Opinion of the CourtSmith, C. J.
(after stating the case.) While not material in disposing of the appeal, lest our silence should be misconstrued, we pause to say that the judgment should be as defendants insist: for the penal sum mentioned in the bond to be discharged, upon the payment of the damages aforesaid, with interest on the principal from -the first day of the term, and costs. A form will be found in Mr. Eaton's excellent collection of Forms, at pages 282 and 283. Moreover, in an action on the bond the damages recoverable cannot exceed the penalty, which alike measures the damages to be adjudged against the…
2Cases cited4 opinions
- Parker v. . SmithSupreme Court of North Carolina · 1870
- Wynne v. . PrairieSupreme Court of North Carolina · 1882
- Rogers v. . MooreSupreme Court of North Carolina · 1882
- Parker Gatling v. . W. O. HouseSupreme Court of North Carolina · 1872
3Cited by8 opinions
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- Osborn v. LeachSupreme Court of North Carolina · 1903
- Darden v. . BlountSupreme Court of North Carolina · 1900
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