Powell v. . Watson
Supreme Court of North Carolina
Appeal from an interlocutory order made at the Spring Term 1849 of Johnston Court of Equity, his Honor Judge Settle presiding. The plaintiff is the administrator of John B. Turner, who had been the administrator of Thomas Rice, deceased. The defendant Watson is the administrator de bonis non of Thomas Rice, and the other defendants, his heirs. The defendant Watson sued the plaintiff, Powell, as such administrator, and recovered a judgment against him.
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Appeal from an interlocutory order made at the Spring Term 1849 of Johnston Court of Equity, his Honor Judge Settle presiding. The plaintiff is the administrator of John B. Turner, who had been the administrator of Thomas Rice, deceased. The defendant Watson is the administrator de bonis non of Thomas Rice, and the other defendants, his heirs. The defendant Watson sued the plaintiff, Powell, as such administrator, and recovered a judgment against him. The bill alleges, that, on the trial at law, a reference was made to a commissioner to take an account of the assets of Turner in the hands of…
1Opinion of the CourtNash, J.
We do not exactly see, what it is the plaintiff wishes us to do for him, or in what manner he desires to be relieved. If it is, that we shall grant him a decree for so much money wrongfully paid by him under the judgment at law, we cannot grant his request. It is calling upon the Court to give him a decree against the defendants for a legal demand, unascertained by a judgment at law. If the plaintiff have a legal claim he must establish it at law, before he can ask the aid of this Court. Brown v. Long, 1 Ire. Eq. 190. But he has no claim at law. The money paid by him was paid under the…
Also in this document: Per curiam.
2Cases cited1 opinion
- Aldrich v. RobinsonHawaii Supreme Court · 1862
3Cited by3 opinions
- State v. . LeaSupreme Court of North Carolina · 1932
- Moore v. . GulleySupreme Court of North Carolina · 1907
- State v. DavisSupreme Court of North Carolina · 1932