State Ex Rel. Boothe v. Upchurch
Supreme Court of North Carolina
Civil ACTION, brought by a relator against C D. Upchurch, Clerk of the Superior Court of Wake County, and his sureties on his official bond, to recover money placed in his hands as receiver of relator’s estate during his infancy, and after-wards misapplied by said Clerk, heard before Connor, J., at February Term, 1892, of Superior Court of Wake County.
Read the full summary
Civil ACTION, brought by a relator against C D. Upchurch, Clerk of the Superior Court of Wake County, and his sureties on his official bond, to recover money placed in his hands as receiver of relator’s estate during his infancy, and after-wards misapplied by said Clerk, heard before Connor, J., at February Term, 1892, of Superior Court of Wake County. The relator became of age shortly before the end of the Clerk’s term of office, and immediately (in September, 1890), demanded the money due him. The defendant receiver then promised to settle, but subsequently, and before this action was…
1Opinion of the Court
Avery, J.:
The Act of 1844 (Revised Code, §§ 14, 15) empowered the Court of Equity “ to appoint the Clerk and Master or some discreet person a receiver to take possession of the ward’s estate,” in cases where a guardian should be removed. After that Court was abolished, it was provided by the Act of 1868 (Bat. Rev., ch. 53, § 22) that “the Judge of the Superior Court should, in such cases, have the power to appoint some discreet person ” to discharge the same duty, and that statute remained unaltered until November 1st, 1883, when section 1585 of The Code took effect. It seems that the Code…
2Cases cited5 opinions
- Kerr v. . BrandonSupreme Court of North Carolina · 1881
- State Ex Rel. County Board of Education v. BatemanSupreme Court of North Carolina · 1889
- State Ex Rel. Cox v. . BlairSupreme Court of North Carolina · 1877
- State Ex Rel. McNeill v. MorrisonSupreme Court of North Carolina · 1869
- Atkinson v. . SmithSupreme Court of North Carolina · 1883
3Cited by5 opinions
- Reid v. HoldenSupreme Court of North Carolina · 1955
- Hughes v. OliverSupreme Court of North Carolina · 1948
- Cody v. HoveySupreme Court of North Carolina · 1940
- Hannah v. . HyattSupreme Court of North Carolina · 1916
- Black v. . GenterySupreme Court of North Carolina · 1896