Gaither v. . Sain
Supreme Court of North Carolina
Civil Action tried at Spring Term, 1884, of Davie Superior Court, before Gilmer, J, • This was an action brought by plaintiffs as the assignees of Milton Gaither, guardian of plaintiffs, against Ca.sper Sain, Sr., administrator de bonis non of H. B; Holman, deceased, defendant, upon a judgment guando at fall term, 1869, in favor of Milton 'Gaither as guardian of plaintiffs, against B. Baile}, administrator of H. B. Holman, and an absolute judgment rendered at the same time…
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Civil Action tried at Spring Term, 1884, of Davie Superior Court, before Gilmer, J, • This was an action brought by plaintiffs as the assignees of Milton Gaither, guardian of plaintiffs, against Ca.sper Sain, Sr., administrator de bonis non of H. B; Holman, deceased, defendant, upon a judgment guando at fall term, 1869, in favor of Milton 'Gaither as guardian of plaintiffs, against B. Baile}, administrator of H. B. Holman, and an absolute judgment rendered at the same time in the same action against Beal Ijames, who is not sued in this action. The plaintiffs offered in évidence a notice in…
1Opinion of the CourtMbkrimon, J.
The intestate of defendant died, and letters.of administration upon his estate were granted,..prior to the year 1860, to one Bailey, who was afterwards removed and the defendant appointed administrator de banis non. The judgment quando acdderint sued upon was granted at fall term, 1869.
The court below seems to have entertained the erroneous impression that this action is governed by the statute (The Code, § 152) which bars actions upon judgments and decrees of any court, after ten years next after the date thereof.
The Code, § 136, provides that Title III of the Code of Civil Procedure,…
2Cases cited3 opinions
- Ray v. . PattonSupreme Court of North Carolina · 1882
- Dancy v. . PopeSupreme Court of North Carolina · 1873
- Rogers v. . GrantSupreme Court of North Carolina · 1883
3Cited by3 opinions
- Brittain v. . DicksonSupreme Court of North Carolina · 1889
- Glover v. . FlowersSupreme Court of North Carolina · 1886
- Dickson v. . CrawleySupreme Court of North Carolina · 1893