Lynn v. . Lowe
Supreme Court of North Carolina
PETITION of defendants to vacate a judgment heard at June Term, 1882, of Wake Superior Court, before Bennett, J. The plaintiffs commenced their action by suing out process in the late superior court of Wake, returnable to spring term, 1868, against the defendant Cannady Lowe, as administrator of Hugh E. Lynn, principal, and Joseph Scott and others, sureties, on the guardian bond of the intestate, to recover the amount of the trust fund in his hands.
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PETITION of defendants to vacate a judgment heard at June Term, 1882, of Wake Superior Court, before Bennett, J. The plaintiffs commenced their action by suing out process in the late superior court of Wake, returnable to spring term, 1868, against the defendant Cannady Lowe, as administrator of Hugh E. Lynn, principal, and Joseph Scott and others, sureties, on the guardian bond of the intestate, to recover the amount of the trust fund in his hands. Upon the return of the writ, the defendants appeared by attorneys, whose names are entered in the cause on the docket. The record shows that oyer…
1Opinion of the Court
(Mr. Justice RUFFIN dissenting).
(Colson v. Wade, 1 Mur., 43; Burke v. Stokely, 65 N.C. 569; Aycock v.Harrison, 71 N.C. 432; Doyle v. Brown, 72 N.C. 393; Godley v. Taylor, 3 Dev., 178; Kahnweiler v. Anderson, 78 N.C. 133; Bacon v. Berry, 85 N.C. 124, and case cited; Long v. Cole, 72 N.C. 20; Askew v. Capehart, 79 N.C. 17;Kemp v. Kemp, 85 N.C. 491, and cases cited approved). The plaintiffs commenced their action by suing out process in the late superior court of Wake, returnable to spring term, 1868, against the defendant Cannady Lowe, as administrator of Hugh E. Lynn, principal, and Joseph…
2Cases cited10 opinions
- Doyle v. . Brown, GuardianSupreme Court of North Carolina · 1875
- Green v. . the North Carolina Railroad Co.Supreme Court of North Carolina · 1875
- Lord v. . BeardSupreme Court of North Carolina · 1878
- Burke v. . StokelySupreme Court of North Carolina · 1871
- Bacon v. . BerrySupreme Court of North Carolina · 1881
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- Knott v. . TaylorSupreme Court of North Carolina · 1888
- Dunlap v. . HendleySupreme Court of North Carolina · 1885
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